II 

112TH CONGRESS 

1ST SESSION S. 981 

To authorize appropriations for fiscal year 2012 for military activities of 

the Department of Defense and for military construction, to prescribe 

military personnel strengths for fiscal year 2012, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2011 

Mr. LEVIN (for himself and Mr. MCCAIN) (by request) introduced the following bill; which was read twice and referred to the Committee on 

Armed Services 

A BILL 

To authorize appropriations for fiscal year 2012 for military 

activities of the Department of Defense and for military 

construction, to prescribe military personnel strengths 

for fiscal year 2012, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 2012’’. 


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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into two divi4 sions as follows: 

5 (1) DIVISION A.—Department of Defense Au6 thorizations. 

7 (2) DIVISION B.—Military Construction Author8 izations. 

9 (b) TABLE OF CONTENTS.—The table of contents for 

10 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. Joint Improvised Explosive Device Defeat Fund. 

Sec. 106. Defense Production Act purchases. 

Subtitle B—Army Programs 

Sec. 111. Multi-year procurement authority for airframes for Army UH–60M/ 

HH–60M helicopters and Navy MH–60R/MH–60S helicopters. 

Subtitle C—Navy Programs 

Sec. 121. Multiyear procurement authority for mission avionics and common 

cockpits for Navy MH–60R/S helicopters. 

Subtitle D—Air Force Programs 

Sec. 131. Procurement of Light Attack Armed Reconnaissance aircraft for 

training foreign militaries and foreign security forces. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Sec. 201. Authorization of appropriations. 

Sec. 202. Repeal of requirement for Technology Transition Initiative. 


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Sec. 203. Requirement for contractor cost-sharing in pilot program to include 

technology protection features during research and development of certain defense systems. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Environmental Provisions 

Sec. 311. Payment to EPA of stipulated penalties in connection with Jackson 

Park Housing Complex, Washington. 

Subtitle C—Other Matters 

Sec. 321. Authority to establish readiness reserve subaccount in the transportation working-capital fund. 

Sec. 322. Clarification of the airlift service definitions relative to the Civil Reserve Air Fleet. 

Sec. 323. Expansion of use of uniform funding authority to permanent change 

of station and temporary duty lodging programs operated 

through nonappropriated fund instrumentalities. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2012 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active 

duty for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Officer Personnel Policy 

Sec. 501. Modification of eligibility for consideration for promotion for certain 

Reserve officers of the Army employed as Army Reserve military technicians. 

Sec. 502. Standardization of grade for certain medical and dental branch chief 

positions. 

Sec. 503. Force management enhancements. 

Subtitle B—Reserve Component Management 

Sec. 511. Modification of time in which preseparation counseling must be provided for reserve component members being demobilized. 


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Sec. 512. Clarification of applicability of authority for deferral of mandatory 

separation of military technicians (dual status) until age 60. 

Sec. 513. Expansion of authority to order Selected Reserve and certain Individual Ready Reserve members to active duty other than during war or national emergency. 

Sec. 514. Transformation of the military technician program. 

Subtitle C—Education and Training 

Sec. 521. National Defense University outplacement waiver. 

Sec. 522. Revision to definition of joint duty assignment to include all instructor assignments for joint training and education. 

Sec. 523. Authority to enroll certain seriously wounded, ill, or injured former 

or retired enlisted servicemembers in associate degree programs 

of the Community College of the Air Force in order to complete degree program. 

Sec. 524. Consolidation of military department authority to issue arms, tentage, 

and equipment to educational institutions not maintaining 

units of Junior ROTC. 

Sec. 525. Expansion of authority relating to Phase II of three-phase approach 

to Joint Professional Military Education. 

Subtitle D—Military Justice and Legal Matters 

Sec. 531. Procedures for judicial review of certain military personnel decisions. 

Sec. 532. Authority to compel production of documentary evidence prior to trial 

in military justice cases. 

Sec. 533. Reform of offenses relating to rape, sexual assault, and other sexual 

misconduct under Uniform Code of Military Justice. 

Subtitle E—Other Matters 

Sec. 541. Revision to membership of Department of Defense Military Family 

Readiness Council. 

Sec. 542. Inclusion of Northern Mariana Islands as a ‘‘State’’ for purposes of 

the Uniformed and Overseas Citizens Absentee Voting Act. 

Sec. 543. Specification of the period for which a request for an absentee ballot 

from an overseas voter is valid. 

Sec. 544. Transfer of Troops-to-Teachers program from Department of Education to Department of Defense and enhancements to the program. 

Sec. 545. Military grooming and appearance standards. 

Sec. 546. Repeal of mandatory high-deployment allowance. 

Sec. 547. Three-year extension and revision of authorities relating to transition 

of military dependent students among local educational agencies. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—General Matters 

Sec. 601. One-year extension of certain expiring bonus and special pay authorities. 

Sec. 602. Travel for anesthesia services for childbirth for command-sponsored 

dependents of members assigned to very remote locations outside the continental United States. 


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Sec. 603. Travel and transportation allowance for dependent child of member 

stationed overseas who is attending overseas university, college 

or similar institution. 

Sec. 604. Lodging accommodations for members assigned to duty in connection 

with commissioning or fitting out of a ship. 

Sec. 605. Revision to certain definitions relating to families of servicemembers 

for purposes of family and medical leave . 

Subtitle B—Consolidation and Reform of Travel and Transportation 

Authorities 

Sec. 611. Consolidation and reform of travel and transportation authorities of 

the uniformed services. 

Sec. 612. Transition provisions. 

TITLE VII—HEALTH CARE PROVISIONS 

Sec. 701. Reserve component mental health student stipend. 

Sec. 702. Transition enrollment of Uniformed Services Family Health Plan 

Medicare-eligible retirees to Tricare for Life. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Sec. 801. Revision to law relating to disclosures to litigation support contractors. 

Sec. 802. Clarification of Department of Defense authority to purchase righthand drive passenger sedan vehicles and increase in cost limitation. 

Sec. 803. Increase in dollar thresholds for authorities for acquisition of low-cost 

interests in land and unspecified minor construction projects 

for anti-terrorism and force protection purposes. 

Sec. 804. Repeal of provision of law relating to acquisition policy when Department of Defense is obtaining carriage by vessel. 

Sec. 805. Investment threshold increase for contingency operations. 

Sec. 806. Limited additional authority for delegation to make determinations 

that cooperative research and development projects will improve conventional defense capabilities. 

Sec. 807. Extension to all contractor employees of applicability of the senior executive benchmark compensation amount for purposes of allowable cost limitations under government contracts. 

Sec. 808. Treatment of critical cost growth in major defense acquisition programs when cost growth is primarily due to quantity changes. 

Sec. 809. Extension of availability of funds in the Defense Acquisition Workforce Development Fund. 

Sec. 810. Authority to designate increments or blocks of space vehicles as 

major subprograms. 

Sec. 811. Special emergency procurement authority. 

Sec. 812. Repeal or revision of certain acquisition-related provisions enacted in 

fiscal year 2011 National Defense Authorization Act. 

Sec. 813. Access to contractor and subcontractor records for contracts with foreign entities in support of contingency operations in the United 

States Central Command area of responsibility. 

Sec. 814. Revision to covered programs subject to certification pursuant to sections 2366a and 2366b of title 10, United States Code. 


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Sec. 815. Five-year extension of Department of Defense Mentor-Protege Pilot 

Program. 

Sec. 816. Restriction on contracting and voiding contracts and subcontracts in 

support of contingency operations in the United States Central 

Command theater of operations. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Intelligence-Related Matters 

Sec. 901. Appropriations for Defense intelligence elements. 

Sec. 902. Authority to credit military graduates of the National Defense Intelligence College with completion of Joint Professional Military 

Education Phase I. 

Sec. 903. Broadening of authority for exchanges of mapping, charting, and geodetic data to include nongovernmental organizations and academic institutions. 

Sec. 904. Facilities for intelligence collection or special operations activities 

abroad. 

Subtitle B—Space Activities 

Sec. 911. Revisions to policy on development and procurement of unmanned 

systems. 

Sec. 912. Commercial space launch cooperation. 

TITLE X—GENERAL PROVISIONS 

Sec. 1001. Repeal of requirement for annual joint report from Office of Management and Budget and Congressional Budget Office on scoring of outlays in defense budget function. 

Sec. 1002. Revision to conditions on status of retired aircraft carrier ex-John 

F. Kennedy. 

Sec. 1003. Authority to provide information for maritime safety of forces and 

hydrographic support. 

Sec. 1004. Deposit of reimbursed funds under reciprocal fire protection agreements. 

Sec. 1005. Repeal of strategic airlift aircraft inventory requirement. 

Sec. 1006. Change in name of the Industrial College of the Armed Forces to 

the Dwight D. Eisenhower School for National Security and 

Resource Strategy at the National Defense University. 

Sec. 1007. Establishment of the Joint Urgent Operational Needs Fund to rapidly meet urgent operational needs. 

Sec. 1008. Ratemaking procedures for Civil Reserve Air Fleet contracts. 

Sec. 1009. Two-year extension of authority to support unified counter-drug and 

counterterrorism campaign in Colombia and of numerical limitation on assignment of United States personnel in Colombia. 

Sec. 1010. Two-year extension of authority for joint task forces to provide support to law enforcement agencies conducting counter–terrorism 

activities. 

Sec. 1011. Clarification of jurisdiction of the United States district courts to 

hear bid protest disputes involving maritime contracts. 

Sec. 1012. Management of Department of Defense installations. 

Sec. 1013. Authority for use of amounts recovered for damage to Government 

property. 


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Sec. 1014. Treatment under Freedom of Information Act of certain Department of Defense critical infrastructure information. 

Sec. 1015. Exemption from Freedom of Information Act for data files of the 

Military Flight Operations Quality Assurance systems of the 

military departments. 

Sec. 1016. One-year extension of authority to provide additional support for 

counter-drug activities of certain foreign governments. 

Sec. 1017. Extension of authority of Department of Defense to provide additional support for counterdrug activities of other governmental 

agencies. 

Sec. 1018. Quadrennial long-term plan for the procurement of aircraft for the 

Navy and the Air Force. 

Sec. 1019. Authorization for Department of Defense to carry out personnel recovery reintegration and post-isolation support activities. 

Sec. 1020. Pilot program to provide incremental support to nongovernmental 

organizations participating in humanitarian and civic assistance activities in the area of operations of United States 

Southern Command. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Revisions to beneficiary designation provisions for death gratuity 

payable upon death of a United States Government employee. 

Sec. 1102. Placement of National Guard non-dual status technicians in the excepted service with all dual status National Guard technicians. 

Sec. 1103. Expansion of persons eligible for expedited Federal hiring following 

completion of National Security Education Program scholarship. 

Sec. 1104. Authority of Service Secretaries to employ up to 10 persons without 

pay. 

Sec. 1105. Authority for waiver of recovery of certain payments previously 

made under Civilian Employees Voluntary Separation Incentive 

Program. 

Sec. 1106. Extension of eligibility to continue Federal employee health benefits 

for certain former employees of the Department of Defense. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Sec. 1201. Extension of authority for support of special operations to combat 

terrorism. 

Sec. 1202. One-year extension of Commanders’ Emergency Response Program 

and extension of due date for quarterly reports to Congress. 

Sec. 1203. Five-year extension of authorization for non-conventional assisted 

recovery capabilities. 

Sec. 1204. One-year extension of authority for reimbursement of certain coalition nations for support provided to United States military operations. 

Sec. 1205. Designation of additional ‘‘high income’’ countries prohibited from 

receiving international military education and training grant 

assistance under chapter 5 of the Foreign Assistance Act. 

Sec. 1206. Three-year extension of temporary authority to use acquisition and 

cross-servicing agreements to lend military equipment for personnel protection and survivability. 

Sec. 1207. Department of Defense participation in programs relating to multilateral exchange of air and surface transportation capacity. 


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Sec. 1208. One-year extension of authority to transfer defense articles and provide defense services to the military and security forces of Iraq 

and Afghanistan. 

Sec. 1209. Authorization of appropriations for Afghanistan Security Forces 

Fund. 

Sec. 1210. Temporary acquisition authority with respect to Northern Distribution Network for shipment of supplies to Afghanistan. 

Sec. 1211. One-year extension of authority to use funds for reintegration activities in Afghanistan. 

Sec. 1212. One-year authority to fund operations and activities of Office of Security Cooperation-Iraq. 

Sec. 1213. Expansion of scope of humanitarian demining assistance program to 

include stockpiled conventional munitions. 

Sec. 1214. Establishment of a Global Security Contingency Fund. 

Sec. 1215. Authority for the Ministry of Defense Advisors Program. 

Sec. 1216. Afghanistan Infrastructure Fund. 

Sec. 1217. One-year extension of authority for Task Force for Business and 

Stability Operations in Afghanistan. 

TITLE XIII—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1301. Working capital funds. 

Sec. 1302. National Defense Sealift Fund. 

Sec. 1303. Joint Urgent Operational Needs Fund. 

Sec. 1304. Chemical Agents and Munitions Destruction, Defense. 

Sec. 1305. Drug Interdiction and Counter-Drug Activities, Defense-Wide. 

Sec. 1306. Defense Inspector General. 

Sec. 1307. Defense Health Program. 

Subtitle B—Armed Forces Retirement Home 

Sec. 1311. Authorization of appropriations for armed forces retirement home. 

TITLE XIV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 

FOR OVERSEAS CONTINGENCY OPERATIONS FOR FISCAL YEAR 

2012 

Sec. 1401. Purpose. 

Sec. 1402. Army procurement. 

Sec. 1403. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1404. Navy and Marine Corps procurement. 

Sec. 1405. Air Force procurement. 

Sec. 1406. Joint Urgent Operational Needs Fund. 

Sec. 1407. Mine Resistant Ambush Protected Vehicle Fund. 

Sec. 1408. Defense-wide activities procurement. 

Sec. 1409. Research, development, test, and evaluation. 

Sec. 1410. Operation and maintenance. 

Sec. 1411. Military personnel. 

Sec. 1412. Working Capital Funds. 

Sec. 1413. Defense Health Program. 

Sec. 1414. Drug Interdiction and Counter-Drug Activities, Defense-Wide. 

Sec. 1415. Defense Inspector General. 

TITLE XV—ARMED FORCES RETIREMENT HOME 


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Sec. 1501. Amendment of Armed Forces Retirement Home Act of 1991. 

Sec. 1502. Annual validation of multiyear accreditation. 

Sec. 1503. Clarification of responsibilities and duties of Senior Medical Advisor 

. 

Sec. 1504. Replacement of local boards of trustees for each facility with single 

Advisory Council. 

Sec. 1505. Administrators, ombudsmen, and staff of facilities. 

Sec. 1506. Revision to inspection requirements. 

Sec. 1507. Repeal of obsolete provisions. 

Sec. 1508. Technical, conforming, and clerical amendments. 

TITLE XVI—REDUCTION IN DEPARTMENT OF DEFENSE 

REPORTING REQUIREMENTS 

Subtitle A—Repeal of Existing Report Requirements 

Sec. 1601. Repeal of reporting requirements under title 10, United States 

Code. 

Sec. 1602. Repeal of reporting requirements under annual defense authorization Acts. 

Sec. 1603. Repeal of reporting requirements under other laws. 

Subtitle B—Modifications to Existing Report Requirements 

Sec. 1611. Modification to reporting requirements under title 10, United States 

Code. 

Sec. 1612. Modification to reporting requirements under annual defense authorization Acts . 

Sec. 1613. Modification to reporting requirements under other laws. 

Subtitle C—Other Report-related Provisions to Further Efficient Management 

of the Department of Defense 

Sec. 1621. Biennial authority for Secretary of Defense to terminate Department of Defense reporting requirements determined by the 

Secretary to be unnecessary or incompatible with efficient management of the Department of Defense. 

Sec. 1622. Improved management of congressional reporting requirements applicable to Department of Defense. 

TITLE XVII—REDUCTION IN DEPARTMENT OF ENERGY-RELATED 

REPORTING REQUIREMENTS 

Sec. 1701. Consolidated reporting requirements relating to nuclear stockpile 

stewardship. 

Sec. 1702. Repeal of requirement for annual report on the security 

vulnerabilities of the computers of certain national laboratories 

of the Department of Energy. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

Sec. 2002. Expiration of authorizations and amounts required to be specified 

by law. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

Sec. 2101. Authorized Army construction and land acquisition projects. 


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Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2009 

project. 

Sec. 2106. Modification of authority to carry out certain fiscal year 2011 

projects. 

Sec. 2107. Additional authority to carry out certain fiscal year 2012 project. 

Sec. 2108. Extension of authorizations of certain fiscal year 2008 projects. 

Sec. 2109. Extension of authorizations of certain fiscal year 2009 projects. 

Sec. 2110. Technical amendments to correct certain project specifications. 

TITLE XXII—NAVY MILITARY CONSTRUCTION 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Extension of authorization of certain fiscal year 2008 project. 

Sec. 2206. Extension of authorizations of certain fiscal year 2009 projects. 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Modification of authorization to carry out certain fiscal year 2010 

project. 

Sec. 2306. Extension of authorization of certain fiscal year 2009 project. 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 

and land acquisition projects. 


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Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition 

projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Sec. 2607. Extension of authorization of certain fiscal year 2008 project. 

Sec. 2608. Extension of authorizations of certain fiscal year 2009 projects. 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure 

Account 1990. 

Sec. 2702. Authorized base realignment and closure activities funded through 

Department of Defense Base Closure Account 2005. 

Sec. 2703. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure 

Account 2005. 

Sec. 2704. Authority to extend deadline for completion of limited number of 

base closure and realignment recommendations. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Sec. 2801. Clarification of authority to use the Pentagon Reservation Maintenance Revolving Fund for minor construction and alteration 

activities at the Pentagon Reservation. 

Sec. 2802. Increase in dollar threshold for certain authorities relating to unspecified minor construction projects. 

Sec. 2803. Enhanced authority for use of operation and maintenance funds for 

unspecified minor military construction projects in support of 

Operation Enduring Freedom. 

Sec. 2804. Extension of temporary, limited authority to use operation and 

maintenance funds for construction projects outside the United 

States. 

1 DIVISION A—DEPARTMENT OF 

2 DEFENSE AUTHORIZATIONS 

3 TITLE I—PROCUREMENT 

4 Subtitle A—Authorization of 

5 Appropriations 

6 SEC. 101. ARMY. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2012 for procurement for the Army as follows: 

9 (1) For aircraft, $7,061,381,000. 

10 (2) For missiles, $1,478,718,000. 


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1 (3) For weapons and tracked combat vehicles, 

2 $1,933,512,000. 

3 (4) For ammunition, $1,992,625,000. 

4 (5) For other procurement, $9,682,592,000. 

5 SEC. 102. NAVY AND MARINE CORPS. 

6 (a) NAVY.—Funds are hereby authorized to be appro7 priated for fiscal year 2012 for procurement for the Navy 

8 as follows: 

9 (1) For aircraft, $18,587,033,000. 

10 (2) For weapons, including missiles and tor11 pedoes, $3,408,478,000. 

12 (3) For shipbuilding and conversion, 

13 $14,928,921,000. 

14 (4) For other procurement, $6,285,451,000. 

15 (b) MARINE CORPS.—Funds are hereby authorized to 

16 be appropriated for fiscal year 2012 for procurement for 

17 the Marine Corps in the amount of $1,391,602,000. 

18 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds 

19 are hereby authorized to be appropriated for fiscal year 

20 2012 for procurement of ammunition for the Navy and 

21 Marine Corps in the amount of $719,952,000. 

22 SEC. 103. AIR FORCE. 

23 (a) FISCAL YEAR 2012.—Funds are hereby author24 ized to be appropriated for fiscal year 2012 for procure25 ment for the Air Force as follows: 


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1 (1) For aircraft, $14,082,527,000. 

2 (2) For ammunition, $539,065,000. 

3 (3) For missiles, $6,074,017,000. 

4 (4) For other procurement, $17,602,036,000. 

5 (b) ADVANCE APPROPRIATIONS.—In addition to the 

6 funds authorized to be appropriated for fiscal year 2012 

7 in subsection (a)(3) that are for procurement of Advanced 

8 Extremely High Frequency communications satellites and 

9 for certain classified programs, funds, in the form of ad10 vance appropriations, are hereby authorized to be appro11 priated for procurement of missiles for the Air Force in 

12 the amount of $3,212,495,000 for full funding of procure13 ment of Advanced Extremely High Frequency communica14 tions satellites five and six and for certain classified pro15 grams, as follows: 

16 (1) For fiscal year 2013, $803,417,000. 

17 (2) For fiscal year 2014, $699,611,000. 

18 (3) For fiscal year 2015, $634,567,000. 

19 (4) For fiscal year 2016, $358,200,000. 

20 (5) For fiscal year 2017, $716,700,000. 

21 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

22 Funds are hereby authorized to be appropriated for 

23 fiscal year 2012 for Defense-wide procurement in the 

24 amount of $5,365,248,000. 


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1 SEC. 105. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

2 FUND. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2012 for the Joint Improvised Explosive Device 

5 Defeat Fund in the amount of $220,634,000. 

6 SEC. 106. DEFENSE PRODUCTION ACT PURCHASES. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2012 for purchases under the Defense Produc9 tion Act of 1950 (50 U.S.C. App. 2061 et seq.) in the 

10 amount of $19,964,000. 

11 Subtitle B—Army Programs 

12 SEC. 111. MULTI-YEAR PROCUREMENT AUTHORITY FOR 

13 AIRFRAMES FOR ARMY UH–60M/HH–60M HELI14 COPTERS AND NAVY MH–60R/MH–60S HELI15 COPTERS. 

16 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

17 Subject to section 2306b of title 10, United States Code, 

18 the Secretary of the Army may enter into a multiyear con19 tract or contracts, beginning with the fiscal year 2012 pro20 gram year, for the procurement of airframes for UH–60M/ 

21 HH–60M helicopters and, acting as the executive agent 

22 for the Department of the Navy, for the procurement of 

23 airframes for MH–60R/S helicopters. 

24 (b) CONDITION FOR OUT-YEAR CONTRACT PAY25 MENTS.—A contract entered into under subsection (a) 

26 shall provide that any obligation of the United States to 


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1 make a payment under the contract for a fiscal year after 

2 fiscal year 2012 is subject to the availability of appropria3 tions for that purpose for such later fiscal year. 

4 Subtitle C—Navy Programs 

5 SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR 

6 MISSION AVIONICS AND COMMON COCKPITS 

7 FOR NAVY MH–60R/S HELICOPTERS. 

8 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

9 Subject to section 2306b of title 10, United States Code, 

10 the Secretary of the Navy may enter into a multiyear con11 tract or contracts, beginning with the fiscal year 2012 pro12 gram year, for the procurement of mission avionics and 

13 common cockpits for MH–60R/S helicopters. 

14 (b) CONDITION FOR OUT-YEAR CONTRACT PAY15 MENTS.—A contract entered into under subsection (a) 

16 shall provide that any obligation of the United States to 

17 make a payment under the contract for a fiscal year after 

18 fiscal year 2012 is subject to the availability of appropria19 tions for that purpose for such later fiscal year. 


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1 Subtitle D—Air Force Programs 

2 SEC. 131. PROCUREMENT OF LIGHT ATTACK ARMED RE3 CONNAISSANCE AIRCRAFT FOR TRAINING 

4 FOREIGN MILITARIES AND FOREIGN SECU5 RITY FORCES. 

6 The Secretary of the Air Force may acquire Light 

7 Attack Armed Reconnaissance (LAAR) aircraft for Air 

8 Force inventory to be used in connection with training for9 eign military and other security forces. 

10 TITLE II—RESEARCH, DEVELOP11 MENT, TEST, AND EVALUA12 TION 

13 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2012 for the use of the Department of Defense 

16 for research, development, test, and evaluation as follows: 

17 (1) For the Army, $9,683,980,000. 

18 (2) For the Navy, $17,956,431,000. 

19 (3) For the Air Force, $27,737,701,000. 

20 (4) For Defense-wide activities, 

21 $19,755,678,000. 

22 (5) For the Director of Operational Test and 

23 Evaluation, $191,292,000. 


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1 SEC. 202. REPEAL OF REQUIREMENT FOR TECHNOLOGY 

2 TRANSITION INITIATIVE. 

3 (a) REPEAL.—Section 2359a of title 10, United 

4 States Code, is repealed. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of chapter 139 of such title is amended 

7 by striking the item relating to section 2359a. 

8 SEC. 203. REQUIREMENT FOR CONTRACTOR COST-SHARING 

9 IN PILOT PROGRAM TO INCLUDE TECH10 NOLOGY PROTECTION FEATURES DURING 

11 RESEARCH AND DEVELOPMENT OF CERTAIN 

12 DEFENSE SYSTEMS. 

13 Section 243 of the Ike Skelton National Defense Au14 thorization Act for Fiscal Year 2011 (Public Law 111– 

15 383; 124 Stat. 4178; 10 U.S.C. 2358 note) is amended— 

16 (1) by redesignating subsections (b), (c), and 

17 (d) as subsections (c), (d), and (e), respectively; and 

18 (2) by inserting after subsection (a) the fol19 lowing new subsection (b): 

20 ‘‘(b) COST-SHARING.—Any contract for the design or 

21 development of a system resulting from activities specified 

22 under subsection (a) for the purpose of enhancing or ena23 bling the exportability of the system either (1) for the de24 velopment of program protection strategies for the system, 

25 or (2) for the design and incorporation of exportability 

26 features into the system shall include a cost-sharing proviVerDate Mar 15 2010 04:39 May 25, 2011 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S981.IS S981

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1 sion that requires the contractor to bear at least one half 

2 of the cost of such activities.’’. 

3 TITLE III—OPERATION AND 

4 MAINTENANCE 

5 Subtitle A—Authorization of 

6 Appropriations 

7 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal year 2012 for the use of the Armed Forces and other 

10 activities and agencies of the Department of Defense for 

11 expenses, not otherwise provided for, for operation and 

12 maintenance, in amounts as follows: 

13 (1) For the Army, $34,735,216,000. 

14 (2) For the Navy, $39,364,688,000. 

15 (3) For the Marine Corps, $5,960,437,000. 

16 (4) For the Air Force, $36,195,133,000. 

17 (5) For Defense-wide activities, 

18 $30,940,409,000. 

19 (6) For the Army Reserve, $3,109,176,000. 

20 (7) For the Navy Reserve, $1,323,134,000. 

21 (8) For the Marine Corps Reserve, 

22 $271,443,000. 

23 (9) For the Air Force Reserve, $3,274,359,000. 

24 (10) For the Army National Guard, 

25 $7,041,432,000. 


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1 (11) For the Air National Guard, 

2 $6,136,280,000. 

3 (12) For the United States Court of Appeals 

4 for the Armed Forces, $13,861,000. 

5 (13) For the Department of Defense Acquisi6 tion Workforce Development Fund, $734,100,000. 

7 (14) For Environmental Restoration, Army, 

8 $346,031,000. 

9 (15) For Environmental Restoration, Navy, 

10 $308,668,000. 

11 (16) For Environmental Restoration, Air Force, 

12 $525,453,000. 

13 (17) For Environmental Restoration, Defense14 wide, $10,716,000. 

15 (18) For Environmental Restoration, Formerly 

16 Used Defense Sites, $276,495,000. 

17 (19) For Overseas Humanitarian, Disaster, and 

18 Civic Aid programs, $107,662,000. 

19 (20) For Cooperative Threat Reduction pro20 grams, $508,219,000. 

21 (21) For the Overseas Contingency Operations 

22 Transfer Fund, $5,000,000. 


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1 Subtitle B—Environmental 

2 Provisions 

3 SEC. 311. PAYMENT TO EPA OF STIPULATED PENALTIES IN 

4 CONNECTION WITH JACKSON PARK HOUSING 

5 COMPLEX, WASHINGTON. 

6 (a) AUTHORITY TO TRANSFER FUNDS.— 

7 (1) TRANSFER AMOUNT.—Using funds de8 scribed in subsection (b), the Secretary of the Navy 

9 may, notwithstanding section 2215 of title 10, 

10 United States Code, transfer not more than 

11 $45,000.00 to the Hazardous Substance Superfund 

12 Jackson Park Housing Complex, Washington special 

13 account. 

14 (2) PURPOSE OF TRANSFER.—The payment 

15 under paragraph (1) is to pay a stipulated penalty 

16 assessed by the Environmental Protection Agency on 

17 October 7, 2009, against the Jackson Park Housing 

18 Complex, Washington for the failure by the Navy to 

19 submit a draft Final Remedial Investigation/Feasi20 bility Study for the Jackson Park Housing Complex 

21 Operable Unit (OU–3T–JPHC) in accordance with 

22 the requirements of the Interagency Agreement (Ad23 ministrative Docket No. CERCLA–10–2005–0023). 

24 (b) SOURCE OF FUNDS.—Any payment under sub25 section (a) shall be made using funds authorized to be apVerDate Mar 15 2010 04:39 May 25, 2011 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S981.IS S981

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1 propriated by section 301(14) for operation and mainte2 nance for Environmental Restoration, Navy. 

3 (c) USE OF FUNDS.—The amount transferred under 

4 subsection (a) shall be used by the Environmental Protec5 tion Agency to pay the penalty described under paragraph 

6 (2) of such subsection. 

7 Subtitle C—Other Matters 

8 SEC. 321. AUTHORITY TO ESTABLISH READINESS RESERVE 

9 SUBACCOUNT IN THE TRANSPORTATION 

10 WORKING-CAPITAL FUND. 

11 Section 2208(p) of title 10, United States Code, is 

12 amended— 

13 (1) inserting ‘‘(1)’’ before ‘‘The Secretary of 

14 Defense’’; and 

15 (2) by adding at the end the following new 

16 paragraph: 

17 ‘‘(2)(A) The Secretary of Defense may establish with18 in the working-capital fund administered by the com19 mander of the United States Transportation Command a 

20 subaccount to be known as the readiness reserve sub21 account. The Secretary may transfer to, and retain in, 

22 that subaccount excess funds received during high-tempo 

23 operations in order to fund, to the extent possible, mis24 sion-critical catastrophic loss replacement or major repair 

25 of transportation assets used to produce revenue for the 


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1 working-capital fund. The maximum amount that may be 

2 maintained in the subaccount is $50,000,000. 

3 ‘‘(B) The Secretary may use funds in the sub4 account— 

5 ‘‘(i) to repair or replace those assets that 

6 the commander of the United States Transpor7 tation Command requires to directly fulfill the 

8 mission of that command; and 

9 ‘‘(ii) to purchase improvements to distribu10 tion infrastructure, excluding military construc11 tion, if economically favorable, in amounts not 

12 to exceed $10,000,000 per unit. 

13 ‘‘(C) The subaccount shall be managed so that funds 

14 in the subaccount are used to supplement, and not replace, 

15 obligations of the military departments for provision of 

16 transportation assets. 

17 ‘‘(D) The Secretary shall provide that, in any case 

18 in which funds in the subaccount are used to purchase 

19 or pay for a replacement or repair for which funds would 

20 otherwise be provided from funds available for one of the 

21 armed forces, the otherwise applicable funding source shall 

22 reimburse the subaccount. 

23 ‘‘(E) With the exception of distribution infrastruc24 ture, the subaccount may be used only for a repair, re25 placement, or procurement that is authorized to be carried 


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1 out by the military department or fund providing the reim2 bursement for the repair, replacement, or procurement. 

3 ‘‘(F) The Secretary may use funds in the subaccount 

4 for a repair, replacement, or procurement only when a 

5 delay in obtaining funds from the military department or 

6 fund that would otherwise provide funds for the repair, 

7 replacement, or procurement would impair the ability of 

8 the commander of the United States Transportation Com9 mand to continue mission-critical responsibilities. 

10 ‘‘(G) The Secretary may use funds in the subaccount 

11 to make a purchase in an amount in excess of $10,000,000 

12 only after the Secretary has submitted to the congres13 sional defense committees, not less than 30 days before 

14 obligation of funds for the purchase, a written notification 

15 of the proposed purchase.’’. 

16 SEC. 322. CLARIFICATION OF THE AIRLIFT SERVICE DEFI17 NITIONS RELATIVE TO THE CIVIL RESERVE 

18 AIR FLEET. 

19 (a) CLARIFICATION.—Section 41106 of title 49, 

20 United States Code, is amended— 

21 (1) by striking ‘‘transport category aircraft’’ in 

22 subsections (a)(1), (b), and (c) and inserting 

23 ‘‘CRAF-eligible aircraft’’; and 


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1 (2) in subsection (c), by striking ‘‘that has air2 craft in the civil reserve air fleet’’ and inserting ‘‘re3 ferred to in subsection (a)’’. 

4 (b) CRAF-ELIGIBLE AIRCRAFT DEFINED.—Such 

5 section is further amended by adding at the end the fol6 lowing new subsection: 

7 ‘‘(e) CRAF-ELIGIBLE AIRCRAFT DEFINED.—In this 

8 section, ‘CRAF-eligible aircraft’ means aircraft of a type 

9 the Secretary of Defense has determined to be eligible to 

10 participate in the civil reserve air fleet.’’. 

11 SEC. 323. EXPANSION OF USE OF UNIFORM FUNDING AU12 THORITY TO PERMANENT CHANGE OF STA13 TION AND TEMPORARY DUTY LODGING PRO14 GRAMS OPERATED THROUGH NON15 APPROPRIATED FUND INSTRUMENTALITIES. 

16 Section 2491 of title 10, United States Code, is 

17 amended— 

18 (1) in subsection (a), by inserting ‘‘and perma19 nent change of station and temporary duty lodging 

20 programs’’ after ‘‘morale, welfare, and recreation 

21 programs’’ both places it appears; 

22 (2) in subsection (b), by inserting ‘‘or a perma23 nent change of station and temporary duty lodging 

24 program’’ after ‘‘morale, welfare, and recreation pro25 gram’’; and 


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1 (3) in subsection (c)(1), by inserting ‘‘and per2 manent change of station and temporary duty lodg3 ing programs’’ after ‘‘morale, welfare, and recreation 

4 programs’’. 

5 TITLE IV—MILITARY 

6 PERSONNEL AUTHORIZATIONS 

7 Subtitle A—Active Forces 

8 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

9 The Armed Forces are authorized strengths for active 

10 duty personnel as of September 30, 2012, as follows: 

11 (1) The Army, 562,000. 

12 (2) The Navy, 325,700. 

13 (3) The Marine Corps, 202,100. 

14 (4) The Air Force, 332,800. 

15 Subtitle B—Reserve Forces 

16 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

17 (a) IN GENERAL.—The Armed Forces are authorized 

18 strengths for Selected Reserve personnel of the reserve 

19 components as of September 30, 2012, as follows: 

20 (1) The Army National Guard of the United 

21 States, 358,200. 

22 (2) The Army Reserve, 205,000. 

23 (3) The Navy Reserve, 66,200. 

24 (4) The Marine Corps Reserve, 39,600. 


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1 (5) The Air National Guard of the United 

2 States, 106,700. 

3 (6) The Air Force Reserve, 71,400. 

4 (7) The Coast Guard Reserve, 10,000. 

5 (b) END STRENGTH REDUCTIONS.—The end 

6 strengths prescribed by subsection (a) for the Selected Re7 serve of any reserve component shall be proportionately 

8 reduced by— 

9 (1) the total authorized strength of units orga10 nized to serve as units of the Selected Reserve of 

11 such component which are on active duty (other 

12 than for training) at the end of the fiscal year, and 

13 (2) the total number of individual members not 

14 in units organized to serve as units of the Selected 

15 Reserve of such component who are on active duty 

16 (other than for training or for unsatisfactory partici17 pation in training) without their consent at the end 

18 of the fiscal year. 

19 (c) END STRENGTH INCREASES.—Whenever units or 

20 individual members of the Selected Reserve for any reserve 

21 component are released from active duty during any fiscal 

22 year, the end strength prescribed for such fiscal year for 

23 the Selected Reserve of such reserve component shall be 

24 increased proportionately by the total authorized strengths 


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1 of such units and by the total number of such individual 

2 members. 

3 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

4 DUTY IN SUPPORT OF THE RESERVES. 

5 Within the end strengths prescribed in section 

6 411(a), the reserve components of the Armed Forces are 

7 authorized, as of September 30, 2012, the following num8 ber of Reserves to be serving on full-time active duty or 

9 full-time duty, in the case of members of the National 

10 Guard, for the purpose of organizing, administering, re11 cruiting, instructing, or training the reserve components: 

12 (1) The Army National Guard of the United 

13 States, 32,060. 

14 (2) The Army Reserve, 16,261. 

15 (3) The Navy Reserve, 10,337. 

16 (4) The Marine Corps Reserve, 2,261. 

17 (5) The Air National Guard of the United 

18 States, 14,833. 

19 (6) The Air Force Reserve, 2,662. 

20 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

21 (DUAL STATUS). 

22 The minimum number of military technicians (dual 

23 status) as of the last day of fiscal year 2012 for the re24 serve components of the Army and the Air Force (notwithVerDate Mar 15 2010 04:39 May 25, 2011 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S981.IS S981

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1 standing section 129 of title 10, United States Code) shall 

2 be the following: 

3 (1) For the Army Reserve, 8,395. 

4 (2) For the Army National Guard of the United 

5 States, 27,210. 

6 (3) For the Air Force Reserve, 10,777. 

7 (4) For the Air National Guard of the United 

8 States, 22,509. 

9 SEC. 414. FISCAL YEAR 2012 LIMITATION ON NUMBER OF 

10 NON-DUAL STATUS TECHNICIANS. 

11 (a) LIMITATIONS.— 

12 (1) NATIONAL GUARD.—Within the limitation 

13 provided in section 10217(c)(2) of title 10, United 

14 States Code, the number of non-dual status techni15 cians employed by the National Guard as of Sep16 tember 30, 2012, may not exceed the following: 

17 (A) For the Army National Guard of the 

18 United States, 1,600. 

19 (B) For the Air National Guard of the 

20 United States, 350. 

21 (2) ARMY RESERVE.—The number of non-dual 

22 status technicians employed by the Army Reserve as 

23 of September 30, 2012, may not exceed 595. 

24 (3) AIR FORCE RESERVE.—The number of non25 dual status technicians employed by the Air Force 


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1 Reserve as of September 30, 2012, may not exceed 

2 90. 

3 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

4 this section, the term ‘‘non-dual status technician’’ has the 

5 meaning given that term in section 10217(a) of title 10, 

6 United States Code. 

7 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU8 THORIZED TO BE ON ACTIVE DUTY FOR 

9 OPERATIONAL SUPPORT. 

10 During fiscal year 2012, the maximum number of 

11 members of the reserve components of the Armed Forces 

12 who may be serving at any time on full-time operational 

13 support duty under section 115(b) of title 10, United 

14 States Code, is the following: 

15 (1) The Army National Guard of the United 

16 States, 17,000. 

17 (2) The Army Reserve, 13,000. 

18 (3) The Navy Reserve, 6,200. 

19 (4) The Marine Corps Reserve, 3,000. 

20 (5) The Air National Guard of the United 

21 States, 16,000. 

22 (6) The Air Force Reserve, 14,000. 


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1 Subtitle C—Authorization of 

2 Appropriations 

3 SEC. 421. MILITARY PERSONNEL. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 hereby authorized to be appropriated for military per6 sonnel for fiscal year 2012 a total of $132,096,541,000. 

7 (b) CONSTRUCTION OF AUTHORIZATION.—The au8 thorization of appropriations in subsection (a) supersedes 

9 any other authorization of appropriations (definite or in10 definite) for such purpose for fiscal year 2012. 

11 TITLE V—MILITARY PERSONNEL 

12 AUTHORIZATIONS 

13 Subtitle A—Officer Personnel 

14 Policy 

15 SEC. 501. MODIFICATION OF ELIGIBILITY FOR CONSIDER16 ATION FOR PROMOTION FOR CERTAIN RE17 SERVE OFFICERS OF THE ARMY EMPLOYED 

18 AS ARMY RESERVE MILITARY TECHNICIANS. 

19 Section 14301 of title 10, United States Code, is 

20 amended by inserting after paragraph (h), the following 

21 new paragraph: 

22 ‘‘(i) CERTAIN RESERVE OFFICERS.—A reserve offi23 cer who is employed as military technician (dual status) 

24 under section 10216 of this title, and who has been re25 tained beyond mandatory removal date for years of service 


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1 under the provisions of either section 10216(f) or 

2 14702(a)(2) of this title, is not eligible for consideration 

3 for promotion by a mandatory promotion board convened 

4 under section 14101(a) of this title.’’. 

5 SEC. 502. STANDARDIZATION OF GRADE FOR CERTAIN 

6 MEDICAL AND DENTAL BRANCH CHIEF POSI7 TIONS. 

8 (a) ARMY.— 

9 (1) CHIEF OF NURSE CORPS.—Section 3069(b) 

10 of title 10, United States Code, is amended by strik11 ing ‘‘major general’’ in the second sentence and in12 serting ‘‘brigadier general’’. 

13 (2) DEPUTY AND ASSISTANT CHIEFS OF

14 BRANCHES.—Section 3039(b) of such title is amend15 ed by striking ‘‘major general’’ in the last sentence 

16 and inserting ‘‘brigadier general’’. 

17 (b) NAVY.— 

18 (1) CHIEF OF DENTAL CORPS.—Section 

19 5138(a) of such title is amended by striking ‘‘not 

20 below’’ and inserting ‘‘in’’. 

21 (2) DIRECTOR OF NURSE CORPS.—Section 

22 5150(c) of such title is amended— 

23 (A) in the first sentence, by striking ‘‘rear 

24 admiral’’ the first place it appears and all that 


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1 follows through ‘‘Service Corps’’ and inserting 

2 ‘‘rear admiral (lower half)’’; and 

3 (B) by striking the last sentence. 

4 (3) CONFORMING AMENDMENT.—Section 

5 526(a)(2) of such title is amended by striking ‘‘160’’ 

6 and inserting ‘‘161’’. 

7 (c) AIR FORCE.— 

8 (1) CHIEF OF NURSE CORPS.—Section 8069(b) 

9 of such title is amended by striking ‘‘major general’’ 

10 in the second sentence and inserting ‘‘brigadier gen11 eral’’. 

12 (2) ASSISTANT SURGEON GENERAL FOR DEN13 TAL SERVICES.—Section 8081 of such title is 

14 amended by striking ‘‘major general’’ in the second 

15 sentence and inserting ‘‘brigadier general’’. 

16 SEC. 503. FORCE MANAGEMENT ENHANCEMENTS. 

17 (a) REINSTATEMENT OF AUTHORITY FOR EN18 HANCED SELECTIVE EARLY RETIREMENT BOARDS AND

19 EARLY DISCHARGES.—Section 638a of title 10, United 

20 States Code, is amended— 

21 (1) in subsection (a)— 

22 (A) by striking ‘‘, during the period begin23 ning on October 1, 1990,’’ and all that follows 

24 through ‘‘December 31, 2012,’’; and 


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1 (B) by inserting at the end the following 

2 new sentence: ‘‘Any such authority provided the 

3 Secretary of a military department under the 

4 preceding sentence shall expire as specified by 

5 the Secretary of Defense, but not later than 

6 December 31, 2018.’’; and 

7 (2) in subsection (d)(2), by striking ‘‘except 

8 that during the period beginning on October 1, 

9 2006, and ending on December 31, 2012,’’ in sub10 paragraphs (A) and (B) and inserting ‘‘except that 

11 through December 31, 2018,’’. 

12 (b) EXTENSION OF VOLUNTARY SEPARATION PAY.— 

13 Section 1175a(k)(1) of title 10, United States Code, is 

14 amended by striking ‘‘December 31, 2012’’ and inserting 

15 ‘‘December 31, 2018’’. 

16 (c) VOLUNTARY RETIREMENT INCENTIVE.— 

17 (1) IN GENERAL.—Chapter 36 of title 10, 

18 United States Code, is amended by inserting after 

19 section 638a the following new section: 

20 ‘‘§ 638b. Voluntary retirement incentive 

21 ‘‘(a) INCENTIVE FOR VOLUNTARY RETIREMENT FOR

22 CERTAIN OFFICERS.—The Secretary of Defense may au23 thorize the Secretary of a military department to provide 

24 a voluntary retirement incentive payment in accordance 

25 with this section to an officer of the armed forces under 


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1 that Secretary’s jurisdiction who is specified in subsection 

2 (b) as being eligible for such a payment. Any such author3 ity provided the Secretary of a military department under 

4 the preceding sentence shall expire as specified by the Sec5 retary of Defense, but not later than December 31, 2018. 

6 ‘‘(b) ELIGIBLE OFFICERS.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), an officer of the armed forces is eligible 

9 for a voluntary retirement incentive payment under 

10 this section if the officer— 

11 ‘‘(A) has served on active duty for more 

12 than 20 years but no more than 29 years on 

13 the approved date of retirement; 

14 ‘‘(B) meets the minimum length of com15 missioned service requirement for voluntary re16 tirement as a commissioned officer in accord17 ance with section 3911, 6323, or 8911 of this 

18 title 10, as applicable to that officer; 

19 ‘‘(C) on the approved date of retirement 

20 has 12 months or more remaining on active21 duty service before reaching the maximum re22 tirement years of active service for the mem23 ber’s grade as specified in section 633 or 634 

24 of this title; 


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1 ‘‘(D) on the approved date of retirement 

2 has 12 months or more remaining on active3 duty service before reaching the maximum re4 tirement age under any other provision of law; 

5 and 

6 ‘‘(E) meets any additional requirements 

7 for such eligibility as is specified by the Sec8 retary concerned, including any requirement re9 lating to years of service, skill rating, military 

10 specialty or competitive category, grade, any re11 maining period of obligated service, or any com12 bination thereof. 

13 ‘‘(2) OFFICERS NOT ELIGIBLE.—The following 

14 officers are not eligible for a voluntary retirement in15 centive payment under this section: 

16 ‘‘(A) An officer being evaluated for dis17 ability under chapter 61 of this title. 

18 ‘‘(B) An officer projected to be retired 

19 under section 1201 or 1204 of this title. 

20 ‘‘(C) An officer projected to be discharged 

21 with disability severance pay under section 

22 1212 of this title. 

23 ‘‘(D) A member transferred to the tem24 porary disability retired list under section 1202 

25 or 1205 of this title. 


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1 ‘‘(E) An officer subject to pending discipli2 nary action or subject to administrative separa3 tion or mandatory discharge under any other 

4 provision of law or regulation. 

5 ‘‘(c) AMOUNT OF VOLUNTARY RETIREMENT INCEN6 TIVE PAYMENT.—A voluntary retirement incentive pay7 ment paid to an officer under this section may be paid 

8 in a lump sum at the time of retirement and may be in 

9 an amount determined by the Secretary concerned not to 

10 exceed 12 times the amount of the officer’s monthly basic 

11 pay at the time of the officer’s retirement. 

12 ‘‘(d) REPAYMENT FOR MEMBERS WHO RETURN TO

13 ACTIVE DUTY.— 

14 ‘‘(1) Except as provided in paragraph (2) a 

15 member of the armed forces who, after having re16 ceived all or part of voluntary retirement incentive 

17 under this section, returns to active duty shall have 

18 deducted from each payment of basic pay, in such 

19 schedule of monthly installments as the Secretary 

20 concerned shall specify, until the total amount de21 ducted from such basic pay equals the total amount 

22 of voluntary retirement incentive received. 

23 ‘‘(2) Members who are involuntarily recalled to 

24 active duty or full-time National Guard duty under 


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1 any provision of law shall not be subject to this sub2 section. 

3 ‘‘(3) The Secretary of Defense may waive, in 

4 whole or in part, repayment required under para5 graph (1) if the Secretary determines that recovery 

6 would be against equity and good conscience or 

7 would be contrary to the best interest of the United 

8 States. The authority in this paragraph may be dele9 gated only to the Undersecretary of Defense for Per10 sonnel and Readiness and the Principal Deputy Un11 dersecretary of Defense for Personnel and Readi12 ness.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of subchapter IV of such 

15 chapter is amended by inserting after the item relat16 ing to section 638a the following new item: 

‘‘638b. Voluntary retirement incentive.’’. 

17 (d) AUTHORITY TO REDUCE YEARS OF SERVICE FOR

18 MANDATORY RETIREMENT FOR CERTAIN OFFICERS IN

19 PAY GRADES O–5 AND O–6.— 

20 (1) LIEUTENANT COLONELS AND NAVY COM21 MANDERS.—Section 633 of title 10, United States 

22 Code, is amended by adding at the end the following 

23 new subsection: 

24 ‘‘(c) AUTHORITY FOR EARLIER MANDATORY RETIRE25 MENT.—Under regulations prescribed by the Secretary of 


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1 Defense, during the period beginning on January 1, 2013, 

2 and ending on December 31, 2018, the Secretary con3 cerned may reduce the amount of service specified in sub4 section (a) from 28 years to a period (determined by the 

5 Secretary concerned) of not less than 25 years of active 

6 commissioned service. Any such reduction under this sub7 section may not become effective before the first day of 

8 the twelfth calendar month beginning after the month in 

9 which the Secretary concerned approves and announces 

10 the reduction.’’. 

11 (2) COLONELS AND NAVY CAPTAINS.—Section 

12 634 of title 10, United States Code, is amended by 

13 adding at the end the following new subsection: 

14 ‘‘(c) AUTHORITY FOR EARLIER MANDATORY RETIRE15 MENT.—Under regulations prescribed by the Secretary of 

16 Defense, during the period beginning on January 1, 2013, 

17 and ending on December 31, 2018, the Secretary con18 cerned may reduce the amount of service specified in sub19 section (a) from 30 years to a period (determined by the 

20 Secretary concerned) of not less than 27 years of active 

21 commissioned service. Any such reduction under this sub22 section may not become effective before the first day of 

23 the twelfth calendar month beginning after the month in 

24 which the Secretary concerned approves and announces 

25 the reduction.’’. 


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1 Subtitle B—Reserve Component 

2 Management 

3 SEC. 511. MODIFICATION OF TIME IN WHICH 

4 PRESEPARATION COUNSELING MUST BE 

5 PROVIDED FOR RESERVE COMPONENT MEM6 BERS BEING DEMOBILIZED. 

7 Section 1142(a)(3)(B) of title 10, United States 

8 Code, is amended by inserting ‘‘or in the case of a member 

9 of a reserve component who is being demobilized under 

10 circumstances in which (as determined by the Secretary 

11 concerned) operational requirements make the 90-day re12 quirement under subparagraph (A) unfeasible,’’ after ‘‘or 

13 separation date,’’. 

14 SEC. 512. CLARIFICATION OF APPLICABILITY OF AUTHOR15 ITY FOR DEFERRAL OF MANDATORY SEPARA16 TION OF MILITARY TECHNICIANS (DUAL STA17 TUS) UNTIL AGE 60. 

18 Section 10216(f) of title 10, United States Code, is 

19 amended— 

20 (1) by inserting ‘‘AUTHORITY FOR’’ before ‘‘DE21 FERRAL OF MANDATORY SEPARATION’’; 

22 (2) by striking ‘‘shall implement’’ and inserting 

23 ‘‘may each implement’’; 

24 (3) by inserting ‘‘, at the discretion of the Sec25 retary concerned,’’ after ‘‘so as to allow’’; and 


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1 (4) by inserting ‘‘(in the case of such a military 

2 technician (dual status) who is an officer)’’ after 

3 ‘‘for officers’’. 

4 SEC. 513. EXPANSION OF AUTHORITY TO ORDER SELECTED 

5 RESERVE AND CERTAIN INDIVIDUAL READY 

6 RESERVE MEMBERS TO ACTIVE DUTY OTHER 

7 THAN DURING WAR OR NATIONAL EMER8 GENCY. 

9 (a) EXPANSION OF AUTHORITY.—Subsection (a) of 

10 section 12304 of title 10, United States Code, is amend11 ed— 

12 (1) by striking ‘‘for any operational mission’’; 

13 and 

14 (2) by inserting ‘‘consecutive’’ after ‘‘365’’. 

15 (b) BUDGETING.—Subsection (c) of such section is 

16 amended by adding at the end the following new para17 graph: 

18 ‘‘(4)(A) Except as provided in subparagraph (B), a 

19 unit or member of a reserve component may be ordered 

20 to active duty under this section during a fiscal year only 

21 if the manpower and associated costs of such active duty 

22 were specifically included and identified in the defense 

23 budget materials for that fiscal year. The budget informa24 tion must include a description of the mission for which 

25 these Reserve members will be ordered to active duty, the 


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1 size of the force ordered to active duty, the length of time 

2 the involuntary order will last, and the location of the mis3 sion. No more than 10,000 members of the Selected Re4 serves of the Military Services may be on active duty 

5 through this paragraph at any one time. 

6 ‘‘(B) The limitation in subparagraph (A) does not 

7 apply in the case of an order to active duty that is 

8 issued— 

9 ‘‘(i) to support an operational mission; or 

10 ‘‘(ii) to provide assistance referred to in sub11 section (b). 

12 ‘‘(C) In this paragraph, the term ‘defense budget ma13 terials’ has the meaning given that term in section 

14 231(d)(2) of this title.’’. 

15 (c) NOTIFICATION TO CONGRESS.—Subsection (f) of 

16 such section is amended by inserting ‘‘to support an oper17 ational mission or to provide assistance referred to in sub18 section (b),’’ after ‘‘subsection (a)’’. 

19 SEC. 514. TRANSFORMATION OF THE MILITARY TECHNI20 CIAN PROGRAM. 

21 (a) RESERVE COMPONENT TECHNICIAN PROGRAM.— 

22 Chapter 1007 of title 10, United States Code, is amended 

23 by adding after section 10215 the following new section: 


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1 ‘‘§ 10215a. Reserve Component Technician Program 

2 ‘‘Within each of the Army Reserve, the Air Force Re3 serve, and the National Guard, there is a Reserve Compo4 nent Technician Program. Each Reserve Component 

5 Technician Program shall consist of military technicians 

6 (dual status) (as defined in section 10216 of this title) 

7 and non-dual status technicians and technicians (as de8 fined in section 10217 of this title). The Secretary of the 

9 Army and the Secretary of the Air Force shall implement 

10 policies to manage the Program within their respective de11 partments.’’. 

12 (b) MILITARY TECHNICIANS (DUAL STATUS).—Sec13 tion 10216 of such title is amended— 

14 (1) by striking subsections (b) and (c) and in15 serting the following: 

16 ‘‘(b) PRIORITY MANAGEMENT OF THE RESERVE

17 COMPONENT TECHNICIAN PROGRAM.—(1) As a basis for 

18 making the annual request to Congress pursuant to sec19 tion 115(d) of this title for authorization of end strengths 

20 for the Reserve Component Technician Program of the 

21 Army and Air Force reserve components, the Secretary 

22 of Defense shall give priority to supporting authorizations 

23 for the Reserve Component Technician Program in the fol24 lowing priority units and organizations: 

25 ‘‘(A) Units of the Selected Reserve whose 

26 primary mission is to participate in combat and 


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1 the integral supporting elements thereof except 

2 for those units and organizations reported in 

3 subparagraph (C). 

4 ‘‘(B) Units of the Selected Reserve that 

5 are not intended to deploy or rotate through a 

6 deployment cycle but can be made available to 

7 deploy as needed. 

8 ‘‘(C) Those organizations with the primary 

9 mission of providing direct support surface and 

10 aviation maintenance for the reserve compo11 nents of the Army and Air Force, to the extent 

12 that the military technicians (dual status) in 

13 such units would mobilize and deploy in a skill 

14 that is compatible with their civilian position 

15 skill. 

16 ‘‘(2) For each fiscal year, the Secretary of Defense 

17 shall, for the high-priority units and organizations re18 ferred to in paragraph (1), seek to achieve a programmed 

19 manning level in the Reserve Component Technician Pro20 gram that is not less than 90 percent of the programmed 

21 manpower structure for those units and organizations au22 thorized Reserve Component Technician Program for that 

23 fiscal year. 

24 ‘‘(3) Military technician (dual status) authorizations 

25 and personnel shall be exempt from any requirement for 


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1 reductions in Department of Defense civilian personnel 

2 and shall only be reduced as part of military force struc3 ture reductions. 

4 ‘‘(c) INFORMATION REQUIRED TO BE SUBMITTED

5 WITH ANNUAL END STRENGTH AUTHORIZATION RE6 QUEST.—(1) The Secretary of Defense shall include as 

7 part of the budget justification documents submitted to 

8 Congress with the budget of the Department of Defense 

9 for any fiscal year the following information with respect 

10 to the end strengths for military technicians (dual status) 

11 requested in that budget pursuant to section 115(c) of this 

12 title, shown separately for each of the Army and Air Force 

13 reserve components: 

14 ‘‘(A) The number of Reserve Component 

15 Technician Program personnel authorized in 

16 the priority units and organizations specified in 

17 subsection (b)(1). 

18 ‘‘(B) The number of Reserve Component 

19 Technician Program personnel assigned in the 

20 priority units and organizations specified in 

21 subsection (b)(1). 

22 ‘‘(C) The number of Reserve Component 

23 Technician Program personnel authorized in 

24 other than priority units and organizations 

25 specified in subsection (b)(1). 


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1 ‘‘(D) The number of Reserve Component 

2 Technician Program personnel assigned in 

3 other than priority units and organizations 

4 specified in subsection (b)(1). 

5 ‘‘(2)(A) If the budget submitted to Congress for any 

6 fiscal year requests authorization for that fiscal year 

7 under section 115(c) of this title of a military technician 

8 (dual status) end strength for a reserve component of the 

9 Army or Air Force in a number that constitutes a reduc10 tion from the end strength minimum established by law 

11 for that reserve component for the fiscal year during which 

12 the budget is submitted, the Secretary of Defense shall 

13 submit to the congressional defense committees with that 

14 budget a justification providing the basis for that re15 quested reduction in technician end strength. 

16 ‘‘(B) Any justification submitted under subparagraph 

17 (A) shall clearly delineate the specific force structure re18 ductions forming the basis for such requested technician 

19 reduction (and the numbers related to those reductions).’’; 

20 (2) in subsection (d)— 

21 (A) by striking ‘‘(1)’’; and 

22 (B) by striking ‘‘maintain membership 

23 in—’’ and all that follows and inserting ‘‘main24 tain membership in the Selected Reserve.’’; 


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1 (3) in subsection (e)(1), by striking ‘‘who is no 

2 longer a member of the Selected Reserve’’ and in3 serting ‘‘who serves in a position designated by the 

4 Secretary concerned to be filled only by a military 

5 technician (dual status) and who is no longer a 

6 member of the Selected Reserve’’; and 

7 (4) in subsection (e)(2), by striking ‘‘military 

8 standards’’ and inserting ‘‘military retention stand9 ards’’. 

10 (c) NON-DUAL STATUS TECHNICIANS.—Section 

11 10217 of such title is amended— 

12 (1) in subsection (a)— 

13 (A) in the matter preceding paragraph (1), 

14 by striking ‘‘military technician’’ and inserting 

15 ‘‘Reserve Component Technician Program’’; 

16 (B) in paragraph (1), by striking ‘‘a tech17 nician’’ and inserting ‘‘an employee of the De18 partment of Defense’’; 

19 (C) by striking ‘‘or’’ at the end of para20 graph (2); 

21 (D) by striking the period at the end of 

22 paragraph (3) and inserting ‘‘; or’’; and 

23 (E) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(4) is an employee of the Army Reserve’s Re2 serve Component Technician Program, serving in a 

3 position designated by the Secretary to be filled only 

4 by a non-dual status technician who— 

5 ‘‘(A) was hired without a requirement to 

6 maintain membership in the Selected Reserve; 

7 ‘‘(B) has ceased to be a member of the Se8 lected Reserve; or 

9 ‘‘(C) has been assigned to a non-dual sta10 tus technician position from one designated by 

11 the Secretary concerned to be filled only by a 

12 military technician (dual status).’’; 

13 (2) in subsection (c)— 

14 (A) by striking ‘‘PERMANENT’’; 

15 (B) in paragraph (1)— 

16 (i) by striking ‘‘(1)’’ and all that fol17 lows through ‘‘may not exceed 90.’’ and in18 serting ‘‘(1)(A) The total number of non19 dual status technicians employed— 

20 ‘‘(i) by the Army Reserve during a fiscal year 

21 may not exceed 60 percent of the total end strength 

22 authorizations appropriated for the Reserve Compo23 nent Technician Program for that fiscal year; and 

24 ‘‘(ii) by the Air Force Reserve during a fiscal 

25 year may not exceed 10 percent of the total end 


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1 strength authorizations appropriated for the Reserve 

2 Component Technician Program for that fiscal 

3 year.’’; and 

4 (ii) by designating the sentence begin5 ning ‘‘If at any time’’ as subparagraph (B) 

6 and in that subparagraph by striking ‘‘in 

7 the preceding sentence’’ and inserting ‘‘in 

8 subparagraph (A)’’; and 

9 (C) in paragraph (2), by striking ‘‘1,950’’ 

10 and inserting ‘‘15 percent of the total end 

11 strength authorization for the Reserve Compo12 nent Technician Program for that fiscal year’’; 

13 and 

14 (3) by adding at the end the following new sub15 sections: 

16 ‘‘(e) SEPARATE CATEGORY OF EMPLOYEES.—Non17 dual status technicians shall be authorized and accounted 

18 for as a separate category of civilian employees. 

19 ‘‘(f) REDUCTION IN FORCE.—Non-dual status techni20 cian authorizations and personnel shall be exempt from 

21 any requirement for reductions in Department of Defense 

22 civilian personnel and shall only be removed as part of 

23 military force reductions. 

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1 ian employee of the Department of Defense, hired after 

2 February 10, 1996, who is no longer a member of the Se3 lected Reserve, who is serving in a Reserve Component 

4 Technician Program position, designated by the Secretary 

5 concerned for fill only by a military technician (dual sta6 tus). 

7 ‘‘(2) Subject to section 10216(e) of this title, a tech8 nician may be retained in the Reserve Component Techni9 cian Program for up to 12 months following the individ10 ual’s loss of membership in the Selected Reserve.’’. 

11 (d) CONDITIONS FOR RETENTION AND MANDATORY

12 RETIREMENT.—Section 10218 is amended— 

13 (1) in subsection (a)(3)— 

14 (A) in subparagraph (A), by striking 

15 clause (ii) and inserting the following: 

16 ‘‘(ii) apply for a Reserve Component Technician 

17 Program or other civil service position that is not 

18 designated by the Secretary concerned as one to be 

19 filled only by a military technician (dual status).’’; 

20 and 

21 (B) In subparagraph (B), by striking ‘‘the 

22 technician—’’ and all that follows and inserting 

23 ‘‘the individual shall be separated not later than 

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1 duced annuity and becoming 60 years of age.’’; 

2 and 

3 (2) in subsection (b), by striking paragraph (3). 

4 (e) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of chapter 1007 of such title is amended 

6 by inserting after the item relating to section 10215 the 

7 following new item: 

‘‘10215a. Reserve Component Technician Program.’’. 

8 Subtitle C—Education and 

9 Training 

10 SEC. 521. NATIONAL DEFENSE UNIVERSITY OUTPLACE11 MENT WAIVER. 

12 (a) WAIVER AUTHORITY FOR OFFICERS NOT DES13 IGNATED AS JOINT QUALIFIED OFFICERS.—Subsection 

14 (b) of section 663 of title 10, United States Code, is 

15 amended— 

16 (1) in paragraph (1), by inserting after ‘‘to a 

17 joint duty assignment’’ the following: ‘‘(or, as au18 thorized by the Secretary in an individual case, to a 

19 joint assignment other than a joint duty assign20 ment)’’; and 

21 (2) in paragraph (2)— 

22 (A) by striking ‘‘the joint duty assign23 ment’’ and inserting ‘‘the assignment’’; and 

24 (B) by striking ‘‘a joint duty assignment’’ 

25 and inserting ‘‘such an assignment’’. 


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1 (b) EXCEPTION.—Such section is further amended by 

2 adding at the end the following new subsection: 

3 ‘‘(d) EXCEPTION FOR OFFICERS GRADUATING FROM

4 OTHER-THAN-IN-RESIDENCE PROGRAMS.— 

5 ‘‘(1) JOINT QUALIFIED OFFICERS.—Subsection 

6 (a) does not apply to an officer graduating from a 

7 school within the National Defense University speci8 fied in subsection (c) following pursuit of a program 

9 on an other-than-in-residence basis. 

10 ‘‘(2) OTHER OFFICERS.—Subsection (b) does 

11 not apply with respect to any group of officers grad12 uating from a school within the National Defense 

13 University specified in subsection (c) following pur14 suit of a program on an other-than-in-residence 

15 basis.’’. 

16 SEC. 522. REVISION TO DEFINITION OF JOINT DUTY AS17 SIGNMENT TO INCLUDE ALL INSTRUCTOR AS18 SIGNMENTS FOR JOINT TRAINING AND EDU19 CATION. 

20 Section 668(b)(2) of title 10, United States Code, is 

21 amended by striking ‘‘assignments for joint’’ and all that 

22 follows through ‘‘Phase II’’ and inserting ‘‘student assign23 ments for joint training and education’’. 


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1 SEC. 523. AUTHORITY TO ENROLL CERTAIN SERIOUSLY 

2 WOUNDED, ILL, OR INJURED FORMER OR RE3 TIRED ENLISTED SERVICEMEMBERS IN ASSO4 CIATE DEGREE PROGRAMS OF THE COMMU5 NITY COLLEGE OF THE AIR FORCE IN ORDER 

6 TO COMPLETE DEGREE PROGRAM. 

7 (a) ELIGIBILITY.—Section 9315 of title 10, United 

8 States Code, is amended— 

9 (1) by redesignating subsection (c) as sub10 section (d); and 

11 (2) by inserting after subsection (b) the fol12 lowing new subsection (c): 

13 ‘‘(c) SERIOUSLY WOUNDED, ILL, OR INJURED

14 FORMER AND RETIRED MEMBERS.—(1) The Secretary of 

15 the Air Force may authorize participation in a program 

16 of higher education under subsection (a)(1) by a person 

17 who is a former or retired enlisted member of the armed 

18 forces who at the time of the person’s separation from ac19 tive duty— 

20 ‘‘(A) had commenced but had not com21 pleted a program of higher education under 

22 subsection (a)(1); and 

23 ‘‘(B) is categorized by the Secretary con24 cerned as seriously wounded, ill, or injured. 

25 ‘‘(2) A person may not be authorized under para26 graph (1) to participate in a program of higher education 


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1 after the end of the 10-year period beginning on the date 

2 of the person’s separation from active duty.’’. 

3 (b) CONFORMING AMENDMENTS.—Subsection (d) of 

4 such section, as redesignated by subsection (a)(1), is 

5 amended by striking ‘‘enlisted member’’ both places it ap6 pears and inserting ‘‘person’’. 

7 (c) EFFECTIVE DATE.—Subsection (c) of section 

8 9315 of title 10, United States Code, as added by sub9 section (a)(2), shall apply to persons covered by paragraph 

10 (1) of such subsection who are categorized by the Sec11 retary concerned as seriously wounded, ill, or injured after 

12 September 11, 2001. With respect to any such person who 

13 is separated from active duty during the period beginning 

14 on September 12, 2001, and ending on the date of the 

15 enactment of this Act, the 10-year period specified in 

16 paragraph (2) of such subsection shall be deemed to com17 mence on the date of the enactment of this Act. 

18 SEC. 524. CONSOLIDATION OF MILITARY DEPARTMENT AU19 THORITY TO ISSUE ARMS, TENTAGE, AND 

20 EQUIPMENT TO EDUCATIONAL INSTITUTIONS 

21 NOT MAINTAINING UNITS OF JUNIOR ROTC. 

22 (a) CONSOLIDATION.—Chapter 152 of title 10, 

23 United States Code, is amended by inserting after section 

24 2552 the following new section: 


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1 ‘‘§ 2552a. Arms, tentage, and equipment: educational 

2 institutions not maintaining units of Jun3 ior ROTC 

4 ‘‘The Secretary of a military department may issue 

5 arms, tentage, and equipment to an educational institution 

6 at which no unit of the Junior Reserve Officers’ Training 

7 Corps is maintained if the educational institution— 

8 ‘‘(1) offers a course in military training pre9 scribed by that Secretary; and 

10 ‘‘(2) has a student body of at least 100 phys11 ically fit students over 14 years of age.’’. 

12 (b) CONFORMING REPEALS.—Sections 4651, 7911, 

13 and 9651 of such title are repealed. 

14 (c) CLERICAL AMENDMENTS.— 

15 (1) The table of sections at the beginning of 

16 chapter 152 of such title is amended by inserting 

17 after the item relating to section 2552 the following 

18 new item: 

‘‘2552a. Arms, tentage, and equipment: educational institutions not maintaining 

units of Junior ROTC.’’. 

19 (2) The table of sections at the beginning of 

20 chapter 441 of such title is amended by striking the 

21 item relating to section 4651. 

22 (3) The table of sections at the beginning of 

23 chapter 667 of such title is amended by striking the 

24 item relating to section 7911. 


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1 (4) The table of sections at the beginning of 

2 chapter 941 of such title is amended by striking the 

3 item relating to section 9651. 

4 SEC. 525. EXPANSION OF AUTHORITY RELATING TO PHASE 

5 II OF THREE-PHASE APPROACH TO JOINT 

6 PROFESSIONAL MILITARY EDUCATION. 

7 (a) AUTHORITY FOR OTHER-THAN-IN-RESIDENCE

8 PROGRAM TAUGHT THROUGH JOINT FORCES STAFF COL9 LEGE.—Section 2154(a)(2) of title 10, United States 

10 Code, is amended— 

11 (1) in the matter preceding subparagraph (A), 

12 by striking ‘‘in residence at’’; 

13 (2) in subparagraph (A), by inserting ‘‘by’’ 

14 after ‘‘(A)’’; and 

15 (3) in subparagraph (B), by inserting ‘‘in resi16 dence at’’ after ‘‘(B)’’. 

17 (b) CONFORMING AMENDMENT.—Section 2156(b) of 

18 such title is amended by inserting ‘‘in residence’’ after 

19 ‘‘course of instruction offered’’. 

20 Subtitle D—Military Justice and 

21 Legal Matters 

22 SEC. 531. PROCEDURES FOR JUDICIAL REVIEW OF CER23 TAIN MILITARY PERSONNEL DECISIONS. 

24 (a) PROHIBITED PERSONNEL ACTIONS.—Section 

25 1034 of title 10, United States Code, is amended— 


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1 (1) by adding at the end of subsection (f) the 

2 following new paragraph: 

3 ‘‘(7) In any case in which the final decision of 

4 the Secretary concerned results in denial, in whole 

5 or in part, of any requested correction of the mem6 ber or former member’s record, the member or 

7 former member shall be provided a concise written 

8 statement of the factual and legal basis for the deci9 sion, together with a statement of the procedure and 

10 time for obtaining review of the decision pursuant to 

11 section 1560 of this title.’’; 

12 (2) in subsection (g)— 

13 (A) by inserting ‘‘(1)’’ before ‘‘Upon the 

14 completion of all’’; and 

15 (B) by adding at the end the following new 

16 paragraph: 

17 ‘‘(2) A submittal to the Secretary of Defense 

18 under paragraph (1) must be made within 90 days 

19 of the receipt of the final decision of the Secretary 

20 of the military department concerned in the matter. 

21 In any case in which the final decision of the Sec22 retary of Defense results in denial, in whole or in 

23 part, of any requested correction of the member or 

24 former member’s record, the member or former 

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1 ment of the basis for the decision, together with a 

2 statement of the procedure and time for obtaining 

3 review of the decision pursuant to section 1560 of 

4 this title.’’; 

5 (3) by redesignating subsections (h) and (i) as 

6 subsections (i) and (j), respectively; and 

7 (4) by inserting after subsection (g) the fol8 lowing new subsection (h): 

9 ‘‘(h) JUDICIAL REVIEW.—A decision of the Secretary 

10 of Defense under subsection (g) or, in a case in which re11 view by the Secretary of Defense under subsection (g) was 

12 not sought or in a case arising out of the Coast Guard 

13 when the Coast Guard is not operating as a service in the 

14 Navy, a decision of the Secretary of a military department 

15 or the Secretary of Homeland Security under subsection 

16 (f) shall be subject to judicial review only as provided in 

17 section 1560 of this title.’’. 

18 (b) CORRECTION OF MILITARY RECORDS.—Section 

19 1552 of such title is amended by adding at the end the 

20 following new subsections: 

21 ‘‘(h) In any case in which the final decision of the 

22 Secretary concerned results in denial, in whole or in part, 

23 of any requested correction, the claimant shall be provided 

24 a concise written statement of the factual and legal basis 

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1 dure and time for obtaining review of the decision pursu2 ant to section 1560 of this title. 

3 ‘‘(i) A decision by the Secretary concerned under this 

4 section shall be subject to judicial review only as provided 

5 in section 1560 of this title.’’. 

6 (c) JUDICIAL REVIEW.— 

7 (1) Chapter 79 of such title is amended by add8 ing at the end the following new section: 

9 ‘‘§ 1560. Judicial review of decisions 

10 ‘‘(a) After a final decision is issued pursuant to sec11 tion 1552 of this title, or is issued by the Secretary of 

12 Homeland Security or the Secretary of Defense pursuant 

13 to subsections 1034(f) or 1034(g) of this title, any person 

14 aggrieved by such a decision may obtain judicial review. 

15 ‘‘(b) In exercising its authority under this section, the 

16 reviewing court shall review the record and may hold un17 lawful and set aside any decision demonstrated by the pe18 titioner in the record to be— 

19 ‘‘(1) arbitrary or capricious; 

20 ‘‘(2) not based on substantial evidence; 

21 ‘‘(3) a result of material error of fact or mate22 rial administrative error, but only if the petitioner 

23 identified to the correction board how the failure to 

24 follow such procedures substantially prejudiced the 

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1 ing court by a preponderance of the evidence that 

2 the error was harmful; or 

3 ‘‘(4) otherwise contrary to law. 

4 ‘‘(c) Upon such review, the reviewing court shall af5 firm, modify, vacate, or reverse the decision, or remand 

6 the matter, as appropriate. 

7 ‘‘(d) Notwithstanding of subsections (a), (b), and (c), 

8 the reviewing court does not have jurisdiction to entertain 

9 any matter or issue raised in a petition of review that is 

10 not justiciable. 

11 ‘‘(e) No judicial review may be made under this sec12 tion unless the petitioner shall first have requested a cor13 rection under section 1552 of this title, and the Secretary 

14 concerned shall have rendered a final decision denying 

15 that correction in whole or in part. In a case in which 

16 the final decision of the Secretary concerned is subject to 

17 review by the Secretary of Defense under section 1034(g) 

18 of this title, the petitioner is not required to seek such 

19 review by the Secretary of Defense before obtaining judi20 cial review under this section. If the petitioner seeks re21 view by the Secretary of Defense under section 1034(g) 

22 of this title, no judicial review may be made until the Sec23 retary of Defense shall have rendered a final decision de24 nying that request in whole or in part. 


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1 ‘‘(f) In the case of a final decision of the Secretary 

2 described in subsection (a) made on or after the date of 

3 the enactment of this section, a petition for judicial review 

4 under this section must be filed within one year after the 

5 date of that final decision. 

6 ‘‘(g)(1) A decision by a board established under sec7 tion 1552(a)(1) of this title declining to excuse the un8 timely filing of a request for correction of military records 

9 is not subject to judicial review under this section or other10 wise subject to review in any court. 

11 ‘‘(2) A decision by a board established under section 

12 1552(a)(1) of this title declining to reconsider or reopen 

13 a previous denial or partial denial of a request for correc14 tion of military records is not subject to judicial review 

15 under this section or otherwise subject to review in any 

16 court. 

17 ‘‘(3) Notwithstanding subsection (f), a decision by a 

18 board established under section 1552(a)(1) of this title 

19 that results in denial, in whole or in part, of any request 

20 for correction of military records that is received by the 

21 board more than six years after the date of discharge, re22 tirement, release from active duty, or death while on active 

23 duty of the person whose military records are the subject 

24 of the correction request is not subject to judicial review 


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1 under this section or otherwise subject to review in any 

2 court. 

3 ‘‘(h)(1) In the case of a cause of action arising after 

4 the date of the enactment of this section, no court shall 

5 have jurisdiction to entertain any request for correction 

6 of records cognizable under section 1034(f) and (g) or sec7 tion 1552 of this title except as provided in this section. 

8 ‘‘(2) In the case of a cause of action arising after 

9 the date of the enactment of this section, except as pro10 vided by chapter 153 of title 28 and chapter 79 of this 

11 title, no court shall have jurisdiction over any civil action 

12 or claim seeking, in whole or in part, to challenge any deci13 sion for which administrative review is available under sec14 tion 1552 of this title.’’. 

15 (2) The table of sections at the beginning of 

16 such chapter is amended by adding at the end the 

17 following new item: 

‘‘1560. Judicial review of decisions.’’. 

18 (d) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect one year after the date of 

20 the enactment of this Act. Such amendments apply to all 

21 final decisions of the Secretary of Defense under section 

22 1034(g) of title 10, United States Code, and of the Sec23 retary of a military department or the Secretary of Home24 land Security under sections 1034(f) or 1552 of such title, 

25 whether rendered before or after the date of the enactment 


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1 of this Act. During the period between the date of the 

2 enactment of this Act and the date on which the amend3 ments made by this section take effect, in any case in 

4 which the final decision of the Secretary of Defense under 

5 section 1034 of title 10, United States Code, or the Sec6 retary concerned under section 1552 of title 10, United 

7 States Code, results in denial, in whole or in part, of any 

8 requested correction of a member, former member, or 

9 claimant’s record, the individual shall be informed in writ10 ing of the time for obtaining review of the decision pursu11 ant to section 1560 of such title as provided therein. 

12 (e) IMPLEMENTATION.—The Secretaries concerned 

13 (as defined in section 101(a)(9) of title 10, United States 

14 Code) may prescribe appropriate regulations, and interim 

15 guidance before prescribing such regulations, to imple16 ment the amendments made by this section. In the case 

17 of the Secretary of a military department, such regulations 

18 may not take effect until approved by the Secretary of De19 fense. 

20 (f) CONSTRUCTION.—This section does not affect the 

21 authority of any court to exercise jurisdiction over any 

22 case which was properly before it before the effective date 

23 specified in subsection (d). 


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1 SEC. 532. AUTHORITY TO COMPEL PRODUCTION OF DOCU2 MENTARY EVIDENCE PRIOR TO TRIAL IN 

3 MILITARY JUSTICE CASES. 

4 (a) SUBPOENA DUCES TECUM.—Section 847 of title 

5 10, United States Code (article 47 of the Uniform Code 

6 of Military Justice), is amended— 

7 (1) in subsection (a)(1), by striking ‘‘board;’’ 

8 and inserting ‘‘board or has been duly issued a sub9 poena duces tecum for an investigation, including an 

10 investigation pursuant to section 832(b) of this title 

11 (article 32(b)); and’’; and 

12 (2) in subsection (c), by striking ‘‘or board,’’ 

13 and inserting ‘‘board, trial counsel, or convening au14 thority,’’. 

15 (b) REPEAL OF OBSOLETE PROVISIONS RELATING

16 TO FEES AND MILEAGE PAYABLE TO WITNESSES.—Such 

17 section is further amended— 

18 (1) in subsection (a)— 

19 (A) by striking paragraph (2); and 

20 (B) by redesignating paragraph (3) as 

21 paragraph (2); and 

22 (2) by striking subsection (d). 

23 (c) TECHNICAL AMENDMENTS.—Subsection (a) of 

24 such section is further amended by striking ‘‘subpoenaed’’ 

25 in paragraphs (1) and (2) (as redesignated by subsection 

26 (b)(1)(B)) and inserting ‘‘subpoenaed’’. 


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1 (d) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall apply with respect to subpoenas issued 

3 after the date of the enactment of this Act. 

4 SEC. 533. REFORM OF OFFENSES RELATING TO RAPE, SEX5 UAL ASSAULT, AND OTHER SEXUAL MIS6 CONDUCT UNDER UNIFORM CODE OF MILI7 TARY JUSTICE. 

8 (a) RAPE AND SEXUAL ASSAULT GENERALLY.—Sec9 tion 920 of title 10, United States Code (article 120 of 

10 the Uniform Code of Military Justice), is amended as fol11 lows: 

12 (1) REVISED OFFENSE OF RAPE.—Subsection 

13 (a) is amended to read as follows: 

14 ‘‘(a) RAPE.—Any person subject to this chapter who 

15 commits a sexual act upon another person by— 

16 ‘‘(1) using unlawful force against that other 

17 person; 

18 ‘‘(2) using force causing or likely to cause death 

19 or grievous bodily harm to any person; 

20 ‘‘(3) threatening or placing that other person in 

21 fear that any person will be subjected to death, 

22 grievous bodily harm, or kidnapping; 

23 ‘‘(4) first rendering that other person uncon24 scious; or 


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1 ‘‘(5) administering to that other person by force 

2 or threat of force, or without the knowledge or con3 sent of that person, a drug, intoxicant, or other 

4 similar substance and thereby substantially impair5 ing the ability of that other person to appraise or 

6 control conduct; 

7 is guilty of rape and shall be punished as a court-martial 

8 may direct.’’. 

9 (2) REPEAL OF PROVISIONS RELATING TO OF10 FENSES REPLACED BY NEW ARTICLE 120B.—Sub11 sections (b), (d), (f), (g), (i), (j), and (o) are re12 pealed. 

13 (3) REVISED OFFENSE OF SEXUAL ASSAULT.— 

14 Subsection (c) is redesignated as subsection (b) and 

15 is amended to read as follows: 

16 ‘‘(b) SEXUAL ASSAULT.—Any person subject to this 

17 chapter who— 

18 ‘‘(1) commits a sexual act upon another person 

19 by— 

20 ‘‘(A) threatening or placing that other per21 son in fear; 

22 ‘‘(B) causing bodily harm to that other 

23 person; 


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1 ‘‘(C) making a fraudulent representation 

2 that the sexual act serves a professional pur3 pose; or 

4 ‘‘(D) inducing a belief by any artifice, pre5 tense, or concealment that the person is another 

6 person; 

7 ‘‘(2) commits a sexual act upon another person 

8 when the person knows or reasonably should know 

9 that the other person is asleep, unconscious, or oth10 erwise unaware that the sexual act is occurring; or 

11 ‘‘(3) commits a sexual act upon another person 

12 when the other person is incapable of consenting to 

13 the sexual act due to— 

14 ‘‘(A) impairment by any drug, intoxicant, 

15 or other similar substance, and that condition is 

16 known or reasonably should be known by the 

17 person; or 

18 ‘‘(B) a mental disease or defect, or phys19 ical disability, and that condition is known or 

20 reasonably should be known by the person; 

21 is guilty of sexual assault and shall be punished as a court22 martial may direct.’’. 

23 (4) AGGRAVATED SEXUAL CONTACT.—Sub24 section (e) is redesignated as subsection (c) and is 

25 amended— 


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1 (A) by striking ‘‘engages in’’ and inserting 

2 ‘‘commits’’; and 

3 (B) by striking ‘‘with’’ and inserting 

4 ‘‘upon’’. 

5 (5) ABUSIVE SEXUAL CONTACT.—Subsection 

6 (h) is redesignated as subsection (d) and is amend7 ed— 

8 (A) by striking ‘‘engages in’’ and inserting 

9 ‘‘commits’’; 

10 (B) by striking ‘‘with’’ and inserting 

11 ‘‘upon’’; and 

12 (C) by striking ‘‘subsection (c) (aggravated 

13 sexual assault)’’ and inserting ‘‘subsection (b) 

14 (sexual assault)’’. 

15 (6) REPEAL OF PROVISIONS RELATING TO OF16 FENSES REPLACED BY NEW ARTICLE 120c.—Sub17 sections (k), (l), (m), and (n) are repealed. 

18 (7) PROOF OF THREAT.—Subsection (p) is re19 designated as subsection (e) and is amended— 

20 (A) by striking ‘‘the accused made’’ and 

21 inserting ‘‘a person made’’; 

22 (B) by striking ‘‘the accused actually’’ and 

23 inserting ‘‘the person actually’’; and 


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1 (C) by inserting before the period at the 

2 end the following: ‘‘or had the ability to carry 

3 out the threat’’. 

4 (8) DEFENSES.—Subsection (q) is redesignated 

5 as subsection (f) and is amended to read as follows: 

6 ‘‘(f) DEFENSES.—An accused may raise any applica7 ble defenses available under this chapter or the Rules for 

8 Court-Martial. Marriage is not a defense for any conduct 

9 in issue in any prosecution under this section.’’. 

10 (9) PROVISIONS RELATING TO AFFIRMATIVE

11 DEFENSES.—Subsections (r) and (s) are repealed. 

12 (10) DEFINITIONS.—Subsection (t) is redesig13 nated as subsection (g) and is amended— 

14 (A) in paragraph (1)— 

15 (i) in subparagraph (A), by inserting 

16 ‘‘or anus or mouth’’ after ‘‘vulva’’; and 

17 (ii) in subparagraph (B)— 

18 (I) by striking ‘‘genital opening’’ 

19 and inserting ‘‘vulva or anus or 

20 mouth,’’; and 

21 (II) by striking ‘‘a hand or fin22 ger’’ and inserting ‘‘any part of the 

23 body’’; 

24 (B) by striking paragraph (2) and insert25 ing the following: 


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1 ‘‘(2) SEXUAL CONTACT.—The term ‘sexual con2 tact’ means— 

3 ‘‘(A) touching, or causing another person 

4 to touch, either directly or through the clothing, 

5 the genitalia, anus, groin, breast, inner thigh, 

6 or buttocks of any person, with an intent to 

7 abuse, humiliate or degrade any person; or 

8 ‘‘(B) any touching, or causing another per9 son to touch, either directly or through the 

10 clothing, any body part of any person, if done 

11 with an intent to arouse or gratify the sexual 

12 desire of any person. 

13 Touching may be accomplished by any part of the 

14 body.’’; 

15 (C) by striking paragraph (4) and redesig16 nating paragraph (3) as paragraph (4); 

17 (D) by redesignating paragraph (8) as 

18 paragraph (3), transferring that paragraph so 

19 as to appear after paragraph (2), and amending 

20 that paragraph by inserting before the period at 

21 the end the following: ‘‘, including any non22 consensual sexual act or nonconsensual sexual 

23 contact’’; 

24 (E) in paragraph (4), as redesignated by 

25 subparagraph (C), by striking the last sentence; 


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1 (F) by striking paragraphs (5) and (7); 

2 (G) by redesignating paragraph (6) as 

3 paragraph (7); 

4 (H) by inserting after paragraph (4), as 

5 redesignated by subparagraph (C), the following 

6 new paragraphs (5) and (6): 

7 ‘‘(5) FORCE.—The term ‘force’ means— 

8 ‘‘(A) the use of a weapon; 

9 ‘‘(B) the use of such physical strength or 

10 violence as is sufficient to overcome, restrain, or 

11 injure a person; or 

12 ‘‘(C) inflicting physical harm sufficient to 

13 coerce or compel submission by the victim. 

14 ‘‘(6) UNLAWFUL FORCE.—The term ‘unlawful 

15 force’ means an act of force done without legal jus16 tification or excuse.’’; 

17 (I) in paragraph (7), as redesignated by 

18 subparagraph (G)— 

19 (i) by striking ‘‘under paragraph (3)’’ 

20 and all that follows through ‘‘contact),’’; 

21 and 

22 (ii) by striking ‘‘death, grievous bodily 

23 harm, or kidnapping’’ and inserting ‘‘the 

24 wrongful action contemplated by the com25 munication or action.’’; 


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1 (J) by striking paragraphs (9) through 

2 (13); 

3 (K) by redesignating paragraph (14) as 

4 paragraph (8) and in that paragraph— 

5 (i) by inserting ‘‘(A)’’ before ‘‘The 

6 term’’; 

7 (ii) by striking ‘‘words or overt acts 

8 indicating’’ and ‘‘sexual’’ in the first sen9 tence; 

10 (iii) by striking ‘‘accused’s’’ in the 

11 third sentence; 

12 (iv) by inserting ‘‘or social or sexual’’ 

13 before ‘‘relationship’’ in the fourth sen14 tence; 

15 (v) by striking ‘‘sexual’’ before ‘‘con16 duct’’ in the fourth sentence; 

17 (vi) by striking ‘‘A person cannot con18 sent’’ and all that follows through the pe19 riod; and 

20 (vii) by adding at the end the fol21 lowing new subparagraphs: 

22 ‘‘(B) A sleeping, unconscious, or incom23 petent person cannot consent. A person cannot 

24 consent to force causing or likely to cause death 

25 or grievous bodily harm or to being rendered 


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1 unconscious. A person cannot consent while 

2 under threat or in fear or under the cir3 cumstances described in subparagraph (C) or 

4 (D) of subsection (b)(1). 

5 ‘‘(C) Lack of consent may be inferred 

6 based on the circumstances of the offense. All 

7 the surrounding circumstances are to be consid8 ered in determining whether a person gave con9 sent, or whether a person did not resist or 

10 ceased to resist only because of another per11 son’s actions.’’; and 

12 (L) by striking paragraphs (15) and (16). 

13 (11) SECTION HEADING.—The heading of such 

14 section (article) is amended to read as follows: 

15 ‘‘§ 920. Art. 120. Rape and sexual assault generally’’. 

16 (b) RAPE AND SEXUAL ASSAULT OF A CHILD.— 

17 Chapter 47 of such title (the Uniform Code of Military 

18 Justice) is amended by inserting after section 920a (arti19 cle 120a) the following new section: 

20 ‘‘§ 920b. Art. 120b. Rape and sexual assault of a child 

21 ‘‘(a) RAPE OF A CHILD.—Any person subject to this 

22 chapter who— 

23 ‘‘(1) commits a sexual act upon a child who has 

24 not attained the age of 12 years; or 


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1 ‘‘(2) commits a sexual act upon a child who has 

2 attained the age of 12 years by— 

3 ‘‘(A) using force against any person; 

4 ‘‘(B) threatening or placing that child in 

5 fear; 

6 ‘‘(C) rendering that child unconscious; or 

7 ‘‘(D) administering to that child a drug, 

8 intoxicant, or other similar substance; 

9 is guilty of rape of a child and shall be punished as a 

10 court-martial may direct. 

11 ‘‘(b) SEXUAL ASSAULT OF A CHILD.—Any person 

12 subject to this chapter who commits a sexual act upon a 

13 child who has attained the age of 12 years is guilty of 

14 sexual assault of a child and shall be punished as a court15 martial may direct. 

16 ‘‘(c) SEXUAL ABUSE OF A CHILD.—Any person sub17 ject to this chapter who commits a lewd act upon a child 

18 is guilty of sexual abuse of a child and shall be punished 

19 as a court-martial may direct. 

20 ‘‘(d) AGE OF CHILD.— 

21 ‘‘(1) UNDER 12 YEARS.—In a prosecution under 

22 this section, it need not be proven that the accused 

23 knew the age of the other person engaging in the 

24 sexual act or lewd act. It is not a defense that the 


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1 accused reasonably believed that the child had at2 tained the age of 12 years. 

3 ‘‘(2) UNDER 16 YEARS.—In a prosecution under 

4 this section, it need not be proven that the accused 

5 knew that the other person engaging in the sexual 

6 act or lewd act had not attained the age of 16 years, 

7 but it is a defense in a prosecution under subsection 

8 (b) (sexual assault of a child) or subsection (c) (sex9 ual abuse of a child), which the accused must prove 

10 by a preponderance of the evidence, that the accused 

11 reasonably believed that the child had attained the 

12 age of 16 years, if the child had in fact attained at 

13 least the age of 12 years. 

14 ‘‘(e) PROOF OF THREAT.—In a prosecution under 

15 this section, in proving that a person made a threat, it 

16 need not be proven that the person actually intended to 

17 carry out the threat or had the ability to carry out the 

18 threat. 

19 ‘‘(f) MARRIAGE.—In a prosecution under subsection 

20 (b) (sexual assault of a child) or subsection (c) (sexual 

21 abuse of a child), it is a defense, which the accused must 

22 prove by a preponderance of the evidence, that the persons 

23 engaging in the sexual act or lewd act were at that time 

24 married to each other, except where the accused commits 

25 a sexual act upon the person when the accused knows or 


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1 reasonably should know that the other person is asleep, 

2 unconscious, or otherwise unaware that the sexual act is 

3 occurring or when the other person is incapable of con4 senting to the sexual act due to impairment by any drug, 

5 intoxicant, or other similar substance, and that condition 

6 was known or reasonably should have been known by the 

7 accused. 

8 ‘‘(g) CONSENT.—Lack of consent is not an element 

9 and need not be proven in any prosecution under this sec10 tion. A child not legally married to the person committing 

11 the sexual act, lewd act, or use of force cannot consent 

12 to any sexual act, lewd act, or use of force. 

13 ‘‘(h) DEFINITIONS.—In this section: 

14 ‘‘(1) SEXUAL ACT AND SEXUAL CONTACT.—The 

15 terms ‘sexual act’ and ‘sexual contact’ have the 

16 meanings given those terms in section 920(g) of this 

17 title (article 120(g)). 

18 ‘‘(2) FORCE.—The term ‘force’ means 

19 ‘‘(A) the use of a weapon; 

20 ‘‘(B) the use of such physical strength or 

21 violence as is sufficient to overcome, restrain, or 

22 injure a child; or 

23 ‘‘(C) inflicting physical harm. 


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1 In the case of a parent-child or similar relationship, the 

2 use or abuse of parental or similar authority is sufficient 

3 to constitute the use of force. 

4 ‘‘(3) THREATENING OR PLACING THAT CHILD

5 IN FEAR.—The term ‘threatening or placing that 

6 child in fear’ means a communication or action that 

7 is of sufficient consequence to cause the child to fear 

8 that non-compliance will result in the child or an9 other person being subjected to the action con10 templated by the communication or action. 

11 ‘‘(4) CHILD.—The term ‘child’ means any per12 son who has not attained the age of 16 years. 

13 ‘‘(5) LEWD ACT.—The term ‘lewd act’ means— 

14 ‘‘(A) any sexual contact with a child; 

15 ‘‘(B) intentionally exposing one’s genitalia, 

16 anus, buttocks, or female areola or nipple to a 

17 child by any means, including via any commu18 nication technology, with an intent to abuse, 

19 humiliate or degrade any person, or to arouse 

20 or gratify the sexual desire of any person; 

21 ‘‘(C) intentionally communicating indecent 

22 language to a child by any means, including via 

23 any communication technology, with an intent 

24 to abuse, humiliate or degrade any person, or to 


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1 arouse or gratify the sexual desire of any per2 son; or 

3 ‘‘(D) any indecent conduct, intentionally 

4 done with or in the presence of a child, includ5 ing via any communication technology, that 

6 amounts to a form of immorality relating to 

7 sexual impurity which is grossly vulgar, ob8 scene, and repugnant to common propriety, and 

9 tends to excite sexual desire or deprave morals 

10 with respect to sexual relations.’’. 

11 (c) OTHER SEXUAL MISCONDUCT.—Such chapter 

12 (the Uniform Code of Military Justice), is further amend13 ed by inserting after section 920b (article 120b), as added 

14 by subsection (b), the following new section: 

15 ‘‘§ 920c. Art. 120c. Other sexual misconduct 

16 ‘‘(a) INDECENT VIEWING, VISUAL RECORDING, OR

17 BROADCASTING.—Any person subject to this chapter who, 

18 without legal justification or lawful authorization— 

19 ‘‘(1) knowingly and wrongfully views the private 

20 area of another person, without that other person’s 

21 consent and under circumstances in which that other 

22 person has a reasonable expectation of privacy; 

23 ‘‘(2) knowingly photographs, videotapes, films, 

24 or records by any means, the private area of another 

25 person, without that other person’s consent and 


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1 under circumstances in which that other person has 

2 a reasonable expectation of privacy; or 

3 ‘‘(3) knowingly broadcasts or distributes any 

4 such recording that the person knew or reasonably 

5 should have known was made under the cir6 cumstances proscribed in paragraphs (1) and (2); 

7 is guilty of an offense under this section and shall be pun8 ished as a court-martial may direct. 

9 ‘‘(b) FORCIBLE PANDERING.—Any person subject to 

10 this chapter who compels another person to engage in an 

11 act of prostitution with any person is guilty of forcible 

12 pandering and shall be punished as a court-martial may 

13 direct. 

14 ‘‘(c) INDECENT EXPOSURE.—Any person subject to 

15 this chapter who intentionally exposes, in an indecent 

16 manner, the genitalia, anus, buttocks, or female areola or 

17 nipple is guilty of indecent exposure and shall by punished 

18 as a court-martial may direct. 

19 ‘‘(d) DEFINITIONS.—In this section: 

20 ‘‘(1) ACT OF PROSTITUTION.—The term ‘act of 

21 prostitution’ means a sexual act or sexual contact 

22 (as defined in section 920(g) of this title (article 

23 120(g))) on account of which anything of value is 

24 given to, or received by, any person. 


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1 ‘‘(2) PRIVATE AREA.—The term ‘private area’ 

2 means the naked or underwear-clad genitalia, anus, 

3 buttocks, or female areola or nipple. 

4 ‘‘(3) REASONABLE EXPECTATION OF PRI5 VACY.—The term ‘under circumstances in which 

6 that other person has a reasonable expectation of 

7 privacy’ means— 

8 ‘‘(A) circumstances in which a reasonable 

9 person would believe that he or she could dis10 robe in privacy, without being concerned that 

11 an image of a private area of the person was 

12 being captured; or 

13 ‘‘(B) circumstances in which a reasonable 

14 person would believe that a private area of the 

15 person would not be visible to the public. 

16 ‘‘(4) BROADCAST.—The term ‘broadcast’ means 

17 to electronically transmit a visual image with the in18 tent that it be viewed by a person or persons. 

19 ‘‘(5) DISTRIBUTE.—The term ‘distribute’ 

20 means delivering to the actual or constructive pos21 session of another, including transmission by elec22 tronic means. 

23 ‘‘(6) INDECENT MANNER.—The term ‘indecent 

24 manner’ means conduct that amounts to a form of 

25 immorality relating to sexual impurity which is 


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1 grossly vulgar, obscene, and repugnant to common 

2 propriety, and tends to excite sexual desire or de3 prave morals with respect to sexual relations.’’. 

4 (d) REPEAL OF SODOMY ARTICLE.—Section 925 of 

5 such title (article 125 of the Uniform Code of Military 

6 Justice) is repealed. 

7 (e) CONFORMING AMENDMENTS.—Chapter 47 of 

8 such title (the Uniform Code of Military Justice) is further 

9 amended as follows: 

10 (1) STATUTE OF LIMITATIONS.—Subparagraph 

11 (B) of section 843(b)(2) (article 43(b)(2)) is amend12 ed— 

13 (A) in clause (i), by striking ‘‘section 920 

14 of this title (article 120)’’ and inserting ‘‘sec15 tion 920, 920a, 920b, or 920c of this title (arti16 cle 120, 120a, 120b, or 120c)’’; 

17 (B) by striking clause (iii); and 

18 (C) in clause (v)— 

19 (i) by striking ‘‘indecent assault’’; 

20 (ii) by striking ‘‘rape, or sodomy,’’ 

21 and inserting ‘‘or rape,’’; and 

22 (iii) by striking ‘‘or liberties with a 

23 child’’. 

24 (2) MURDER.—Paragraph (4) of section 918 

25 (article 118) is amended— 


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1 (A) by striking ‘‘sodomy,’’; and 

2 (B) by striking ‘‘aggravated sexual as3 sault,’’ and all that follows through ‘‘with a 

4 child,’’ and inserting ‘‘sexual assault, sexual as5 sault of a child, aggravated sexual contact, sex6 ual abuse of a child,’’. 

7 (f) CLERICAL AMENDMENTS.—The table of sections 

8 at the beginning of subchapter X of such chapter (the Uni9 form Code of Military Justice) is amended— 

10 (1) by striking the items relating to sections 

11 920 and 920a (articles 120 and 120a) and inserting 

12 the following: 

‘‘920. 120. Rape and sexual assault generally. 

‘‘920a. 120a. Stalking. 

‘‘920b. 120b. Rape and sexual assault of a child. 

‘‘920c. 120c. Other sexual misconduct.’’; 

13 and 

14 (2) by striking the item relating to section 925 

15 (article 125). 

16 (g) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on the date of the enactment 

18 of this Act and shall apply with respect to offenses com19 mitted on or after such date. 


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1 Subtitle E—Other Matters 

2 SEC. 541. REVISION TO MEMBERSHIP OF DEPARTMENT OF 

3 DEFENSE MILITARY FAMILY READINESS 

4 COUNCIL. 

5 Section 1781a(b) of title 10, United States Code, is 

6 amended to read as follows: 

7 ‘‘(b) MEMBERS.—(1) The Council shall consist of 17 

8 members, as follows: 

9 ‘‘(A) The Under Secretary of Defense for 

10 Personnel and Readiness, who shall serve as 

11 chair of the Council and who may designate a 

12 representative to chair the council in the Under 

13 Secretary’s absence. 

14 ‘‘(B) The following, who shall be appointed 

15 or designated by the Secretary of Defense: 

16 ‘‘(i) One representative of each of the 

17 Army, Navy, Marine Corps, and Air Force, 

18 each of whom may be a member of the 

19 armed force to be represented, the spouse 

20 of such a member, or the parent of such 

21 a member, and may represent either the 

22 active component or a reserve component 

23 of that armed force. 

24 ‘‘(ii) One representative of the Army 

25 National Guard or the Air National Guard, 


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1 who may be a member of the National 

2 Guard, the spouse of such a member, or 

3 the parent of such a member. 

4 ‘‘(iii) One spouse of a member of each 

5 of the Army, Navy, Marine Corps, and Air 

6 Force, two of whom shall be the spouse of 

7 an active component member and two of 

8 whom shall be the spouse of a reserve com9 ponent member. 

10 ‘‘(C) Three individuals appointed by the 

11 Secretary of Defense from among representa12 tives of military family organizations, including 

13 military family organizations of families of 

14 members of the regular components and of fam15 ilies of members of the reserve components. 

16 ‘‘(D) The senior enlisted advisor, or the 

17 spouse of a senior enlisted member, from each 

18 of the Army, Navy, Marine Corps, and Air 

19 Force. 

20 ‘‘(2)(A) The term on the Council of the members ap21 pointed or designated under clauses (i) and (iii) of sub22 paragraph (B) of paragraph (1) shall be two years and 

23 may be renewed by the Secretary of Defense. Representa24 tion on the Council under clause (ii) of that subparagraph 


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1 shall rotate between the Army National Guard and Air 

2 National Guard every two years on a calendar year basis. 

3 ‘‘(B) The term on the Council of the members ap4 pointed under subparagraph (C) of paragraph (1) shall be 

5 three years.’’. 

6 SEC. 542. INCLUSION OF NORTHERN MARIANA ISLANDS AS 

7 A ‘‘STATE’’ FOR PURPOSES OF THE UNI8 FORMED AND OVERSEAS CITIZENS ABSEN9 TEE VOTING ACT. 

10 Paragraphs (6) and (8) of section 107 of the Uni11 formed and Overseas Citizens Absentee Voting Act (42 

12 U.S.C. 1973ff–6) are each amended by striking ‘‘and 

13 American Samoa’’ and inserting ‘‘American Samoa, and 

14 the Commonwealth of the Northern Mariana Islands’’. 

15 SEC. 543. SPECIFICATION OF THE PERIOD FOR WHICH A 

16 REQUEST FOR AN ABSENTEE BALLOT FROM 

17 AN OVERSEAS VOTER IS VALID. 

18 Section 104 of the Uniformed and Overseas Citizens 

19 Absentee Voting Act (42 U.S.C. 1973ff–3) is amended by 

20 inserting ‘‘or overseas voter’’ after ‘‘uniformed services 

21 voter’’. 


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1 SEC. 544. TRANSFER OF TROOPS-TO-TEACHERS PROGRAM 

2 FROM DEPARTMENT OF EDUCATION TO DE3 PARTMENT OF DEFENSE AND ENHANCE4 MENTS TO THE PROGRAM. 

5 (a) TRANSFER OF FUNCTIONS.— 

6 (1) TRANSFER.—The responsibility and author7 ity for operation and administration of the Troops8 to-Teachers Program in chapter A of subpart 1 of 

9 part C of title II of the Elementary and Secondary 

10 Education Act of 1965 (20 U.S.C. 6671 et seq.) is 

11 transferred from the Secretary of Education to the 

12 Secretary of Defense. 

13 (2) EFFECTIVE DATE.—The transfer under 

14 paragraph (1) shall take effect on the first day of 

15 the first month beginning more than 180 days after 

16 the date of the enactment of this Act, or on such 

17 earlier date as the Secretary of Education and the 

18 Secretary of Defense may jointly provide. 

19 (b) ENACTMENT OF PROGRAM AUTHORITY IN TITLE

20 10, UNITED STATES CODE.— 

21 (1) IN GENERAL.—Chapter 58 of title 10, 

22 United States Code, is amended by adding at the 

23 end the following new section: 


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1 ‘‘SEC. 1154. ASSISTANCE TO ELIGIBLE MEMBERS AND 

2 FORMER MEMBERS TO OBTAIN EMPLOYMENT 

3 AS TEACHERS: TROOPS-TO-TEACHERS PRO4 GRAM. 

5 ‘‘(a) DEFINITIONS.—In this section: 

6 ‘‘(1) PROGRAM.—The term ‘Program’ means 

7 the Troops-to-Teachers Program authorized by this 

8 section. 

9 ‘‘(2) MEMBER OF THE ARMED FORCES.—The 

10 term ‘member of the armed forces’ includes a former 

11 member of the armed forces. 

12 ‘‘(3) CHARTER SCHOOL.—The term ‘charter 

13 school’ has the meaning given that term in section 

14 5210(1) of the Elementary and Secondary Edu15 cation Act of 1965 (20 U.S.C. 7221i(1)). 

16 ‘‘(4) ELIGIBLE SCHOOL.—The term ‘eligible 

17 school’ means— 

18 ‘‘(A) a public school, including a charter 

19 school, at which— 

20 ‘‘(i) at least 30 percent of the stu21 dents enrolled in the school are from fami22 lies with incomes below 185 percent of pov23 erty level (as defined by the Office of Man24 agement and Budget and revised at least 

25 annually in accordance with section 9(b)(1) 

26 of the Richard B. Russell National School 


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1 Lunch Act) applicable to a family of the 

2 size involved; or 

3 ‘‘(ii) at least 13 percent of the stu4 dents enrolled in the school qualify for as5 sistance under part B of the Individuals 

6 with Disabilities Education Act; or 

7 ‘‘(B) a Bureau-funded school as defined in 

8 section 1141(3) of the Education Amendments 

9 of 1978 (25 U.S.C. 2021(3)). 

10 ‘‘(5) HIGH-NEED SCHOOL.—The term ‘high11 need school’ means— 

12 ‘‘(A) an elementary or middle school in 

13 which at least 50 percent of the enrolled stu14 dents are children from low-income families, 

15 based on the number of children eligible to for 

16 free and reduced priced lunches under the Rich17 ard B. Russell National School Lunch Act, the 

18 number of children in families receiving assist19 ance under the State program funded under 

20 part A of title IV of the Social Security Act, the 

21 number of children eligible to receive medical 

22 assistance under the Medicaid program, or a 

23 composite of these indicators; 

24 ‘‘(B) a high school in which at least 40 

25 percent of enrolled students are children from 


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1 low-income families, which may be calculated 

2 using comparable data from feeder schools; or 

3 ‘‘(C) a school that is in a local educational 

4 agency that is eligible under section 6211(b) of 

5 the Elementary and Secondary Education Act 

6 of 1965. 

7 ‘‘(6) ADDITIONAL TERMS.—(A) The terms ‘ele8 mentary school’, ‘highly qualified teacher’, ‘local 

9 educational agency’, ‘secondary school’, and ‘State’ 

10 have the meanings given those terms in section 9101 

11 of the Elementary and Secondary Education Act of 

12 1965 (20 U.S.C. 7801). 

13 ‘‘(b) PROGRAM AUTHORIZATION.—The Secretary of 

14 Defense (hereinafter in this section referred to as the ‘Sec15 retary’) may carry out a program (to be known as the 

16 ‘Troops-to-Teachers Program’)— 

17 ‘‘(1) to assist eligible members of the armed 

18 forces described in subsection (d) to obtain certifi19 cation or licensing as elementary school teachers, 

20 secondary school teachers, or career or technical 

21 teachers, and to become highly qualified teachers; 

22 and 

23 ‘‘(2) to facilitate the employment of such mem24 bers— 


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1 ‘‘(A) by local educational agencies or char2 ter schools that the Secretary of Education 

3 identifies as— 

4 ‘‘(i) receiving grants under part A of 

5 title I of the Elementary and Secondary 

6 Education Act of 1965 (20 U.S.C. 6301 et 

7 seq.) as a result of having within their ju8 risdictions concentrations of children from 

9 low-income families; or 

10 ‘‘(ii) experiencing a shortage of highly 

11 qualified teachers, in particular a shortage 

12 of highly qualified science, mathematics, 

13 special education, foreign language, or ca14 reer or technical teachers; and 

15 ‘‘(B) in elementary schools or secondary 

16 schools, or as career or technical teachers. 

17 ‘‘(c) COUNSELING AND REFERRAL SERVICES.—The 

18 Secretary may provide counseling and referral services to 

19 members of the armed forces who do not meet the criteria 

20 described in subsection (d), including meeting the edu21 cation qualification requirements under subsection 

22 (d)(3)(B). 

23 ‘‘(d) ELIGIBILITY AND APPLICATION PROCESS.— 


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1 ‘‘(1) ELIGIBLE MEMBERS.—The following mem2 bers of the armed forces are eligible for selection to 

3 participate in the Program: 

4 ‘‘(A) Any member who— 

5 ‘‘(i) on or after October 1, 1999, be6 comes entitled to retired or retainer pay 

7 under this title or title 14; 

8 ‘‘(ii) has an approved date of retire9 ment that is within one year after the date 

10 on which the member submits an applica11 tion to participate in the Program; or 

12 ‘‘(iii) has been transferred to the Re13 tired Reserve. 

14 ‘‘(B) Any member who, on or after Janu15 ary 8, 2002— 

16 ‘‘(i)(I) is separated or released from 

17 active duty after four or more years of con18 tinuous active duty immediately before the 

19 separation or release; or 

20 ‘‘(II) has completed a total of at least 

21 six years of active duty service, six years of 

22 service computed under section 12732 of 

23 this title, or six years of any combination 

24 of such service; and 


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1 ‘‘(ii) executes a reserve commitment 

2 agreement for a period of not less than 

3 three years under paragraph (5)(B). 

4 ‘‘(C) Any member who, on or after Janu5 ary 8, 2002, is retired or separated for physical 

6 disability under chapter 61 of this title. 

7 ‘‘(2) SUBMISSION OF APPLICATIONS.—(A) Se8 lection of eligible members of the armed forces to 

9 participate in the Program shall be made on the 

10 basis of applications submitted to the Secretary 

11 within the time periods specified in subparagraph 

12 (B). An application shall be in such form and con13 tain such information as the Secretary may require. 

14 ‘‘(B) An application shall be considered to be 

15 submitted on a timely basis under subparagraph 

16 (A)(i), (B), or (C) of paragraph (1) if the applica17 tion is submitted not later than three years after the 

18 date on which the member is retired, separated, or 

19 released from active duty, whichever applies to the 

20 member. 

21 ‘‘(3) SELECTION CRITERIA; EDUCATIONAL

22 BACKGROUND REQUIREMENTS AND HONORABLE

23 SERVICE REQUIREMENT.—(A) Subject to subpara24 graphs (B) and (C), the Secretary shall prescribe 


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1 the criteria to be used to select eligible members of 

2 the armed forces to participate in the Program. 

3 ‘‘(B)(i) If a member of the armed forces is ap4 plying for assistance for placement as an elementary 

5 school or secondary school teacher, the Secretary 

6 shall require the member to have received a bacca7 laureate or advanced degree from an accredited in8 stitution of higher education. 

9 ‘‘(ii) If a member of the armed forces is apply10 ing for assistance for placement as a career or tech11 nical teacher, the Secretary shall require the mem12 ber— 

13 ‘‘(I) to have received the equivalent of one 

14 year of college from an accredited institution of 

15 higher education or the equivalent in military 

16 education and training as certified by the De17 partment of Defense; or 

18 ‘‘(II) to otherwise meet the certification or 

19 licensing requirements for a career or technical 

20 teacher in the State in which the member seeks 

21 assistance for placement under the Program. 

22 ‘‘(C) A member of the armed forces is eligible 

23 to participate in the Program only if the member’s 

24 last period of service in the armed forces was honor25 able, as characterized by the Secretary concerned. A 


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1 member selected to participate in the Program be2 fore the retirement of the member or the separation 

3 or release of the member from active duty may con4 tinue to participate in the Program after the retire5 ment, separation, or release only if the member’s 

6 last period of service is characterized as honorable 

7 by the Secretary concerned. 

8 ‘‘(4) SELECTION PRIORITIES.—In selecting eli9 gible members of the armed forces to receive assist10 ance under the Program, the Secretary— 

11 ‘‘(A) shall give priority to members who— 

12 ‘‘(i) have educational or military expe13 rience in science, mathematics, special edu14 cation, foreign language, or career or tech15 nical subjects; and 

16 ‘‘(ii) agree to seek employment as 

17 science, mathematics, foreign language, or 

18 special education teachers in elementary 

19 schools or secondary schools or in other 

20 schools under the jurisdiction of a local 

21 educational agency; and 

22 ‘‘(B) may give priority to members who 

23 agree to seek employment in a high-need school. 

24 ‘‘(5) OTHER CONDITIONS ON SELECTION.— 


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1 ‘‘(A) The Secretary may not select an eligi2 ble member of the armed forces to participate 

3 in the Program and receive financial assistance 

4 unless the Secretary has sufficient appropria5 tions for the Program available at the time of 

6 the selection to satisfy the obligations to be in7 curred by the United States under subsection 

8 (e) with respect to the member. 

9 ‘‘(B) The Secretary may not select an eli10 gible member of the armed forces described in 

11 paragraph (1)(B)(i) to participate in the Pro12 gram under this section and receive financial 

13 assistance under subsection (e) unless the mem14 ber executes a written agreement to serve as a 

15 member of the Selected Reserve of a reserve 

16 component of the armed forces for a period of 

17 not less than three years. 

18 ‘‘(e) PARTICIPATION AGREEMENT AND FINANCIAL

19 ASSISTANCE.— 

20 ‘‘(1) PARTICIPATION AGREEMENT.—(A) An eli21 gible member of the armed forces selected to partici22 pate in the Program under subsection (b) and re23 ceive financial assistance under this subsection shall 

24 be required to enter into an agreement with the Sec25 retary in which the member agrees— 


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1 ‘‘(i) within such time as the Secretary 

2 may require, to obtain certification or li3 censing as an elementary school teacher, 

4 secondary school teacher, or career or tech5 nical teacher, and to become a highly 

6 qualified teacher; and 

7 ‘‘(ii) to accept an offer of full-time 

8 employment as an elementary school teach9 er, secondary school teacher, or career or 

10 technical teacher for not less than three 

11 school years in an eligible school to begin 

12 the school year after obtaining that certifi13 cation or licensing. 

14 ‘‘(B) The Secretary may waive the three-year 

15 commitment described in subparagraph (A)(ii) for a 

16 participant if the Secretary determines such waiver 

17 to be appropriate. If the Secretary provides the 

18 waiver, the participant shall not be considered to be 

19 in violation of the agreement and shall not be re20 quired to provide reimbursement under subsection 

21 (f), for failure to meet the three-year commitment. 

22 ‘‘(2) VIOLATION OF PARTICIPATION AGREE23 MENT; EXCEPTIONS.—A participant in the Program 

24 shall not be considered to be in violation of the parVerDate Mar 15 2010 04:39 May 25, 2011 Jkt 099200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\S981.IS S981

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1 ticipation agreement entered into under paragraph 

2 (1) during any period in which the participant— 

3 ‘‘(A) is pursuing a full-time course of 

4 study related to the field of teaching at an in5 stitution of higher education; 

6 ‘‘(B) is serving on active duty as a member 

7 of the armed forces; 

8 ‘‘(C) is temporarily totally disabled for a 

9 period of time not to exceed three years as es10 tablished by sworn affidavit of a qualified physi11 cian; 

12 ‘‘(D) is unable to secure employment for a 

13 period not to exceed 12 months by reason of the 

14 care required by a spouse who is disabled; 

15 ‘‘(E) is a highly qualified teacher who is 

16 seeking and unable to find full-time employ17 ment as a teacher in an elementary school or 

18 secondary school or as a career or technical 

19 teacher for a single period not to exceed 27 

20 months; or 

21 ‘‘(F) satisfies the provisions of additional 

22 reimbursement exceptions that may be pre23 scribed by the Secretary. 

24 ‘‘(3) STIPEND AND BONUS FOR PARTICI25 PANTS.—(A) Subject to subparagraph (C), the SecVerDate Mar 15 2010 04:39 May 25, 2011 Jkt 099200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S981.IS S981

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1 retary may pay to a participant in the Program se2 lected under this section a stipend to cover expenses 

3 incurred by the participant to obtain the required 

4 educational level, certification or licensing. Such sti5 pend may not exceed $5,000 and may vary by par6 ticipant. 

7 ‘‘(B) Subject to subparagraph (C), the Sec8 retary may pay a bonus of up to $10,000 to a par9 ticipant in the Program selected under this section 

10 who agrees in the participation agreement under 

11 paragraph (1) to become a highly qualified teacher 

12 and to accept full-time employment as an elementary 

13 school teacher, secondary school teacher, or career 

14 or technical teacher for not less than three school 

15 years in a high-need school. Such bonus may vary by 

16 participant and may take into account the priority 

17 placements as determined by the Secretary. 

18 ‘‘(C)(i) The total number of stipends that may 

19 be paid under subparagraph (A) in any fiscal year 

20 may not exceed 5,000. 

21 ‘‘(ii) The total number of bonuses that may be 

22 paid under subparagraph (B) in any fiscal year may 

23 not exceed 3,000. 

24 ‘‘(iii) The combination of stipend and bonus for 

25 any one participant may not exceed $10,000. 


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1 ‘‘(4) TREATMENT OF STIPEND AND BONUS.—A 

2 stipend or bonus paid under this subsection to a 

3 participant in the Program shall be taken into ac4 count in determining the eligibility of the participant 

5 for Federal student financial assistance provided 

6 under title IV of the Higher Education Act of 1965 

7 (20 U.S.C. 1070 et seq.). 

8 ‘‘(f) REIMBURSEMENT UNDER CERTAIN CIR9 CUMSTANCES.— 

10 ‘‘(1) REIMBURSEMENT REQUIRED.—A partici11 pant in the Program who is paid a stipend or bonus 

12 under this subsection shall be required to repay the 

13 stipend or bonus under the following circumstances: 

14 ‘‘(A) The participant fails to obtain teach15 er certification or licensing, to become a highly 

16 qualified teacher, or to obtain employment as 

17 an elementary school teacher, secondary school 

18 teacher, or career or technical teacher as re19 quired by the participation agreement under 

20 subsection (e)(1). 

21 ‘‘(B) The participant voluntarily leaves, or 

22 is terminated for cause from, employment as an 

23 elementary school teacher, secondary school 

24 teacher, or career or technical teacher during 


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1 the three years of required service in violation 

2 of the participation agreement. 

3 ‘‘(C) The participant executed a written 

4 agreement with the Secretary concerned under 

5 subsection (d)(5)(B) to serve as a member of a 

6 reserve component of the armed forces for a pe7 riod of three years and fails to complete the re8 quired term of service. 

9 ‘‘(2) AMOUNT OF REIMBURSEMENT.—A partici10 pant required to reimburse the Secretary for a sti11 pend or bonus paid to the participant under sub12 section (e) shall pay an amount that bears the same 

13 ratio to the amount of the stipend or bonus as the 

14 unserved portion of required service bears to the 

15 three years of required service. Any amount owed by 

16 the participant shall bear interest at the rate equal 

17 to the highest rate being paid by the United States 

18 on the day on which the reimbursement is deter19 mined to be due for securities having maturities of 

20 90 days or less and shall accrue from the day on 

21 which the participant is first notified of the amount 

22 due. 

23 ‘‘(3) TREATMENT OF OBLIGATION.—The obliga24 tion to reimburse the Secretary under this sub25 section is, for all purposes, a debt owing the United 


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1 States. A discharge in bankruptcy under title 11 

2 shall not release a participant from the obligation to 

3 reimburse the Secretary under this subsection. 

4 ‘‘(4) EXCEPTIONS TO REIMBURSEMENT RE5 QUIREMENT.—A participant shall be excused from 

6 reimbursement under this subsection if the partici7 pant becomes permanently totally disabled as estab8 lished by sworn affidavit of a qualified physician. 

9 The Secretary may also waive the reimbursement in 

10 cases of extreme hardship to the participant, as de11 termined by the Secretary. 

12 ‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE

13 UNDER MONTGOMERY GI BILL.—The receipt by a partic14 ipant in the Program of a stipend or bonus under this 

15 subsection (e) shall not reduce or otherwise affect the enti16 tlement of the participant to any benefits under chapter 

17 30 or 33 of title 38 or chapter 1606 of this title. 

18 ‘‘(h) PARTICIPATION BY STATES.— 

19 ‘‘(1) DISCHARGE OF STATE ACTIVITIES

20 THROUGH CONSORTIA OF STATES.—The Secretary 

21 may permit States participating in the Program to 

22 carry out activities authorized for such States under 

23 the Program through one or more consortia of such 

24 States. 


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1 ‘‘(2) ASSISTANCE TO STATES.—(A) Subject to 

2 subparagraph (B), the Secretary may make grants 

3 to States participating in the Program, or to con4 sortia of such States, in order to permit such States 

5 or consortia of States to operate offices for purposes 

6 of recruiting eligible members of the armed forces 

7 for participation in the Program and facilitating the 

8 employment of participants in the Program as ele9 mentary school teachers, secondary school teachers, 

10 and career or technical teachers. 

11 ‘‘(B) The total amount of grants made under 

12 subparagraph (A) in any fiscal year may not exceed 

13 $5,000,000.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of such chapter is amended 

16 by adding at the end the following new item: 

‘‘1154. Assistance to eligible members and former members to obtain employment as teachers: Troops-to-Teachers Program.’’. 

17 (c) CONFORMING AMENDMENT.—Section 1142(b) 

18 (4)(C) of such title is amended by striking ‘‘under sections 

19 1152 and 1153 of this title and the Troops-to-Teachers 

20 Program under section 2302 of the Elementary and Sec21 ondary Education Act of 1965 (20 U.S.C. 6672)’’ and in22 serting ‘‘under sections 1152, 1153, and 1154 of this 

23 title’’. 

24 (d) TERMINATION OF ORIGINAL PROGRAM.— 


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1 (1) TERMINATION.— 

2 (A) Chapter A of subpart 1 of part C of 

3 title II of the Elementary and Secondary Edu4 cation Act of 1965 (20 U.S.C. 6671 et seq.) is 

5 repealed. 

6 (B) The table of contents in section 2 of 

7 part I of the Elementary and Secondary Edu8 cation Act 1965 is amended by striking the 

9 items relating to such chapter. 

10 (2) EXISTING AGREEMENTS.—The repeal of 

11 chapter A of subpart 1 of part C of title II of the 

12 Elementary and Secondary Education Act of 1965 

13 (20 U.S.C. 6671 et seq.) by paragraph (1)(A) shall 

14 not affect the validity or terms of any agreement en15 tered into before the date of the enactment of this 

16 Act under such chapter, or to pay assistance, make 

17 grants, or obtain reimbursement in connection with 

18 such an agreement as in effect before such repeal. 

19 (e) EFFECTIVE DATE.—The amendments made by 

20 this section shall take effect on the effective date of the 

21 transfer under subsection (a). 

22 SEC. 545. MILITARY GROOMING AND APPEARANCE STAND23 ARDS. 

24 (a) MILITARY GROOMING AND APPEARANCE STAND25 ARDS.— 


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1 (1) IN GENERAL.—Chapter 45 of title 10, 

2 United States Code, is amended by adding at the 

3 end the following new section: 

4 ‘‘§ 778. Grooming and appearance standards 

5 ‘‘Grooming and appearance standards prescribed by 

6 the Secretary of a military department for members of the 

7 armed forces are not subject to the Religious Freedom 

8 Restoration Act of 1993 (42 U.S.C. 2000bb et seq.).’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of such chapter is amended 

11 by adding at the end the following new item: 

‘‘778. Grooming and appearance standards.’’. 

12 (b) WEARING OF ITEMS OF RELIGIOUS APPAREL

13 WITH THE UNIFORM.—Section 774(c) of such title is 

14 amended by adding at the end the following new sentence: 

15 ‘‘Such regulations are not subject to the Religious Free16 dom Restoration Act of 1993 (42 U.S.C. 2000bb et 

17 seq.).’’. 

18 SEC. 546. REPEAL OF MANDATORY HIGH-DEPLOYMENT AL19 LOWANCE. 

20 (a) REPEAL OF AUTHORITY FOR PAYMENT OF HIGH21 DEPLOYMENT ALLOWANCE.— 

22 (1) IN GENERAL.—Section 436 of title 37, 

23 United States Code, is repealed. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of chapter 7 of such title is 


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1 amended by striking the item relating to section 

2 436. 

3 (b) REPEAL OF REQUIREMENTS RELATING TO MAN4 AGEMENT OF DEPLOYMENT OF MEMBERS.— 

5 (1) IN GENERAL.—Section 991 of title 10, 

6 United States Code, is repealed. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of chapter 50 of such title is 

9 amended by striking the item relating to section 

10 991. 

11 SEC. 547. THREE-YEAR EXTENSION AND REVISION OF AU12 THORITIES RELATING TO TRANSITION OF 

13 MILITARY DEPENDENT STUDENTS AMONG 

14 LOCAL EDUCATIONAL AGENCIES. 

15 (a) ADDITIONAL PROGRAM AUTHORITIES.—Para16 graph (2)(B) of section 574(d) of the John Warner Na17 tional Defense Authorization Act for Fiscal Year 2007 (20 

18 U.S.C. 7703b note) is amended— 

19 (1) by inserting ‘‘grant assistance’’ after ‘‘To 

20 provide’’; and 

21 (2) by striking ‘‘including—’’ and all that fol22 lows and inserting ‘‘including the following: 

23 ‘‘(i) Access to virtual and distance learning 

24 capabilities and related applications. 

25 ‘‘(ii) Training programs for teachers. 


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1 ‘‘(iii) Academic strategies to increase aca2 demic achievement. 

3 ‘‘(iv) Curriculum development. 

4 ‘‘(v) Support for practices that minimize 

5 the impact of transition and deployment. 

6 ‘‘(vi) Other appropriate services to improve 

7 the academic achievement of students.’’. 

8 (b) EXTENSION OF EXPIRATION.—Paragraph (3) of 

9 such section is amended by striking ‘‘September 30, 

10 2013’’ and inserting ‘‘September 30, 2016’’. 

11 TITLE VI—COMPENSATION AND 

12 OTHER PERSONNEL BENEFITS 

13 Subtitle A—General Matters 

14 SEC. 601. ONE-YEAR EXTENSION OF CERTAIN EXPIRING 

15 BONUS AND SPECIAL PAY AUTHORITIES. 

16 (a) AUTHORITIES RELATING TO RESERVE

17 FORCES.—The following sections of title 37, United 

18 States Code, are amended by striking ‘‘December 31, 

19 2011’’ and inserting ‘‘December 31, 2012’’:

20 (1) Section 308b(g), relating to Selected Re21 serve reenlistment bonus. 

22 (2) Section 308c(i), relating to Selected Reserve 

23 affiliation or enlistment bonus. 


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1 (3) Section 308d(c), relating to special pay for 

2 enlisted members assigned to certain high-priority 

3 units. 

4 (4) Section 308g(f)(2), relating to Ready Re5 serve enlistment bonus for persons without prior 

6 service. 

7 (5) Section 308h(e), relating to Ready Reserve 

8 enlistment and reenlistment bonus for persons with 

9 prior service. 

10 (6) Section 308i(f), relating to Selected Reserve 

11 enlistment and reenlistment bonus for persons with 

12 prior service. 

13 (7) Section 408a(e), relating to a travel and 

14 transportation allowance for inactive-duty training 

15 outside of normal commuting distance. 

16 (8) Section 910(g), relating to income replace17 ment payments for reserve component members ex18 periencing extended and frequent mobilization for 

19 active duty service. 

20 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH

21 CARE PROFESSIONALS.—The following sections of title 

22 10, United States Code, are amended by striking ‘‘Decem23 ber 31, 2011’’ and inserting ‘‘December 31, 2012’’: 

24 (1) Section 2130a(a)(1), relating to nurse offi25 cer candidate accession program. 


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1 (2) Section 16302(d), relating to repayment of 

2 education loans for certain health professionals who 

3 serve in the Selected Reserve. 

4 (c) TITLE 37 AUTHORITIES RELATING TO HEALTH

5 CARE PROFESSIONALS.—The following sections of title 

6 37, United States Code, are amended by striking ‘‘Decem7 ber 31, 2011’’ and inserting ‘‘December 31, 2012’’: 

8 (1) Section 302c–1(f), relating to accession and 

9 retention bonuses for psychologists. 

10 (2) Section 302d(a)(1), relating to accession 

11 bonus for registered nurses. 

12 (3) Section 302e(a)(1), relating to incentive 

13 special pay for nurse anesthetists. 

14 (4) Section 302g(e), relating to special pay for 

15 Selected Reserve health professionals in critically 

16 short wartime specialties. 

17 (5) Section 302h(a)(1), relating to accession 

18 bonus for dental officers. 

19 (6) Section 302j(a), relating to accession bonus 

20 for pharmacy officers. 

21 (7) Section 302k(f), relating to accession bonus 

22 for medical officers in critically short wartime spe23 cialties. 


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1 (8) Section 302l(g), relating to accession bonus 

2 for dental specialist officers in critically short war3 time specialties. 

4 (9) Section 335(k), relating to bonus and incen5 tive pay authorities for officers in health professions. 

6 (d) AUTHORITIES RELATING TO NUCLEAR OFFI7 CERS.—The following sections of title 37, United States 

8 Code, are amended by striking ‘‘December 31, 2011’’ and 

9 inserting ‘‘December 31, 2012’’: 

10 (1) Section 312(f), relating to special pay for 

11 nuclear-qualified officers extending period of active 

12 service. 

13 (2) Section 312b(c), relating to nuclear career 

14 accession bonus. 

15 (3) Section 312c(d), relating to nuclear career 

16 annual incentive bonus. 

17 (4) Section 333(i), relating to special bonus and 

18 incentive pay authorities for nuclear officers. 

19 (e) AUTHORITIES RELATING TO TITLE 37 CONSOLI20 DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU21 THORITIES.—The following sections of title 37, United 

22 States Code, are amended by striking ‘‘December 31, 

23 2011’’ and inserting ‘‘December 31, 2012’’: 

24 (1) Section 331(h), relating to general bonus 

25 authority for enlisted members. 


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1 (2) Section 332(g), relating to general bonus 

2 authority for officers. 

3 (3) Section 334(i), relating to special aviation 

4 incentive pay and bonus authorities for officers. 

5 (4) Section 351(h), relating to hazardous duty 

6 pay. 

7 (5) Section 352(g), relating to assignment pay 

8 or special duty pay. 

9 (6) Section 353(i), relating to skill incentive 

10 pay or proficiency bonus. 

11 (7) Section 355(i), relating to retention incen12 tives for members qualified in critical military skills 

13 or assigned to high priority units. 

14 (f) AUTHORITIES RELATING TO PAYMENT OF RE15 FERRAL BONUSES.—The following sections of title 10, 

16 United States Code, are amended by striking ‘‘December 

17 31, 2011’’ and inserting ‘‘December 31, 2012’’: 

18 (1) Section 1030(i), relating to health profes19 sions referral bonus. 

20 (2) Section 3252(h), relating to army referral 

21 bonus. 

22 (g) OTHER TITLE 37 BONUS AND SPECIAL PAY AU23 THORITIES.—The following sections of title 37, United 

24 States Code, are amended by striking ‘‘December 31, 

25 2011’’ and inserting ‘‘December 31, 2012’’: 


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1 (1) Section 301b(a), relating to aviation officer 

2 retention bonus. 

3 (2) Section 307a(g), relating to assignment in4 centive pay. 

5 (3) Section 308(g), relating to reenlistment 

6 bonus for active members. 

7 (4) Section 309(e), relating to enlistment 

8 bonus. 

9 (5) Section 324(g), relating to accession bonus 

10 for new officers in critical skills. 

11 (6) Section 326(g), relating to incentive bonus 

12 for conversion to military occupational specialty to 

13 ease personnel shortage. 

14 (7) Section 327(h), relating to incentive bonus 

15 for transfer between the Armed Forces. 

16 (8) Section 330(f), relating to accession bonus 

17 for officer candidates. 

18 (9) Section 403(b)(7)(E), relating to basic al19 lowance for housing. 


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1 SEC. 602. TRAVEL FOR ANESTHESIA SERVICES FOR CHILD2 BIRTH FOR COMMAND-SPONSORED DEPEND3 ENTS OF MEMBERS ASSIGNED TO VERY RE4 MOTE LOCATIONS OUTSIDE THE CONTI5 NENTAL UNITED STATES. 

6 Section 1040(a) of title 10, United States Code, is 

7 amended— 

8 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

9 (2) by adding at the end the following new 

10 paragraph: 

11 ‘‘(2)(A) For purposes of paragraph (1), re12 quired medical attention of a dependent includes, in 

13 the case of a dependent authorized to accompany a 

14 member at a location described in that paragraph, 

15 obstetrical anesthesia services for childbirth equiva16 lent to the obstetrical anesthesia services for child17 birth available in a military treatment facility in the 

18 United States. 

19 ‘‘(B) In the case of a dependent at a remote lo20 cation outside the continental United States who 

21 elects services described in subparagraph (A) and for 

22 whom air transportation would be needed to travel 

23 under paragraph (1) to the nearest appropriate med24 ical facility at which adequate medical care is avail25 able, the Secretary may authorize the dependent to 

26 receive transportation under that paragraph to the 


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1 continental United States and be treated at the mili2 tary treatment facility that can provide appropriate 

3 obstetrical services that is nearest to the closest port 

4 of entry into the continental United States from 

5 such remote location. 

6 ‘‘(C) The second through sixth sentences of 

7 paragraph (1) shall apply to a dependent provided 

8 transportation by reason of this paragraph. 

9 ‘‘(D) The total cost incurred by the United 

10 States for the provision of transportation and ex11 penses (including per diem) with respect to a de12 pendent by reason of this paragraph may not exceed 

13 the cost the United States would otherwise incur for 

14 the provision of transportation and expenses with re15 spect to that dependent under paragraph (1) if the 

16 transportation and expenses were provided to that 

17 dependent without regard to this paragraph. 

18 ‘‘(E) The authority under this paragraph shall 

19 expire on September 30, 2016.’’. 


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1 SEC. 603. TRAVEL AND TRANSPORTATION ALLOWANCE FOR 

2 DEPENDENT CHILD OF MEMBER STATIONED 

3 OVERSEAS WHO IS ATTENDING OVERSEAS 

4 UNIVERSITY, COLLEGE OR SIMILAR INSTITU5 TION. 

6 Section 430 of title 37, United States Code, is 

7 amended— 

8 (1) in subsection (a), by amending paragraph 

9 (2) to read as follows: 

10 ‘‘(2) An eligible dependent child of a member 

11 referred to in paragraph (1)(c) is a child who— 

12 ‘‘(A) is under 23 years of age and unmar13 ried; and 

14 ‘‘(B)(i)(I) is enrolled in a school in the 

15 continental United States for the purpose of ob16 taining a formal education; and 

17 ‘‘(II) is attending that school or is partici18 pating in a foreign study program approved by 

19 that school and, pursuant to that foreign study 

20 program, is attending a school outside the 

21 United States for a period of not more than one 

22 year; or 

23 ‘‘(ii) is attending a college, university, or 

24 similar institution outside the United States, in25 cluding a technical or business school, offering 

26 postsecondary level academic instruction leading 


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1 to an associate or higher degree, or the equiva2 lent, which is recognized as such by the sec3 retary of education (or comparable official) of 

4 the country or other jurisdiction in which the 

5 institution is located.’’; and 

6 (2) in subsection (b)— 

7 (A) in paragraph (3), by striking ‘‘in the 

8 continental United States’’; and 

9 (B) in paragraph (4)— 

10 (i) by inserting ‘‘a foreign study pro11 gram at’’ after ‘‘attending’’; and 

12 (ii) by inserting ‘‘under subsection 

13 (a)(2)(B)(i)(II)’’ after ‘‘outside the United 

14 States’’. 

15 SEC. 604. LODGING ACCOMMODATIONS FOR MEMBERS AS16 SIGNED TO DUTY IN CONNECTION WITH COM17 MISSIONING OR FITTING OUT OF A SHIP. 

18 (a) EXTENSION TO PRECOMMISSIONING UNIT SAIL19 ORS.—Subsection (a) of section 7572 of title 10, United 

20 States Code, is amended— 

21 (1) by inserting ‘‘or assigned to duty in connec22 tion with commissioning or fitting out of a ship’’ 

23 after ‘‘sea duty’’; and 


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1 (2) by inserting ‘‘, because the ship is under 

2 construction and is not yet habitable,’’ after ‘‘be3 cause of repairs,’’. 

4 (b) EXTENSION TO ENLISTED MEMBERS.—Sub5 section (d) of such section is amended— 

6 (1) in paragraph (1)— 

7 (A) by striking ‘‘After the expiration of the 

8 authority provided in subsection (b), an officer’’ 

9 and inserting ‘‘A member’’; 

10 (B) by striking ‘‘officer’s quarters’’ and in11 serting ‘‘member’s quarters’’; 

12 (C) by striking ‘‘obtaining quarters’’ and 

13 inserting ‘‘obtaining housing’’; and 

14 (D) by striking ‘‘the officer’’ and inserting 

15 ‘‘the member’’; 

16 (2) in paragraph (2)— 

17 (A) by striking ‘‘an officer’’ both places it 

18 appears and inserting ‘‘a member’’; 

19 (B) by striking ‘‘quarters’’ and inserting 

20 ‘‘housing’’; and 

21 (C) by striking ‘‘officer’s grade’’ and in22 serting ‘‘member’s grade’’; and 

23 (3) in paragraph (3)— 

24 (A) by striking ‘‘an officer’’ and inserting 

25 ‘‘a member’’; and 


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1 (B) by striking ‘‘quarters’’ and inserting 

2 ‘‘housing’’. 

3 (c) SHIPYARDS AFFECTED BY BRAC 2005.—Such 

4 section is further amended by adding at the end the fol5 lowing new subsection: 

6 ‘‘(e)(1) The Secretary may reimburse a member of 

7 the naval service assigned to duty in connection with com8 missioning or fitting out of a ship in Pascagoula, Mis9 sissippi, or Bath, Maine, who is deprived of quarters on 

10 board a ship because the ship is under construction and 

11 is not yet habitable, or because of other conditions that 

12 make the member’s quarters uninhabitable, for expenses 

13 incurred in obtaining housing, but only when the Navy is 

14 unable to furnish the member with lodging accommoda15 tions under subsection (a). 

16 ‘‘(2) The total amount that a member may be reim17 bursed under this subsection may not exceed an amount 

18 equal to the basic allowance for housing of a member with19 out dependents of that member’s grade. 

20 ‘‘(3) A member without dependents, or a member who 

21 resides with dependents while assigned to duty in connec22 tion with commissioning or fitting out of a ship at one 

23 of the locations specified in paragraph (1), may not be 

24 reimbursed under this subsection. 


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1 ‘‘(4) The Secretary may prescribe regulations to 

2 carry out this subsection.’’. 

3 (d) CONFORMING AMENDMENTS.— 

4 (1) The heading of such section is amended to 

5 read as follows: 

6 ‘‘§ 7572. Quarters: accommodations in place for mem7 bers on sea duty or assigned to duty in 

8 connection with commissioning or fitting 

9 out of a ship’’. 

10 (2) The table of sections at the beginning of 

11 chapter 649 of such title is amended by striking the 

12 item relating to section 7572 and inserting the fol13 lowing new item: 

‘‘7572. Quarters: accommodations in place for members on sea duty or assigned 

to duty in connection with commissioning or fitting out of a 

ship.’’. 

14 SEC. 605. REVISION TO CERTAIN DEFINITIONS RELATING 

15 TO FAMILIES OF SERVICEMEMBERS FOR 

16 PURPOSES OF FAMILY AND MEDICAL LEAVE. 

17 (a) DEFINITIONS APPLICABLE UNDER FAMILY AND

18 MEDICAL LEAVE ACT OF 1993.— 

19 (1) DEFINITION OF ‘‘COVERED ACTIVE

20 DUTY’’.—Paragraph (14) of section 101 of the Fam21 ily and Medical Leave Act of 1993 (29 U.S.C. 2611) 

22 is amended— 

23 (A) by striking ‘‘to a foreign country’’ in 

24 subparagraphs (A) and (B); and 


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1 (B) by inserting ‘‘, 12301(d), 12301(g), or 

2 12310’’ after ‘‘section 101(a)(13)(B)’’ in sub3 paragraph (B). 

4 (2) DEFINITION OF ‘‘COVERED SERVICEMEM5 BER’’.—Paragraph (15)(A) of such section is 

6 amended by inserting ‘‘inpatient or’’ before ‘‘out7 patient status’’. 

8 (b) DEFINITIONS APPLICABLE TO LEAVE FOR CIVIL

9 SERVICE EMPLOYEES.— 

10 (1) DEFINITION OF ‘‘COVERED ACTIVE

11 DUTY’’.—Paragraph (7) of section 6381 of title 5, 

12 United States Code, is amended— 

13 (A) by striking ‘‘to a foreign country’’ in 

14 subparagraph (A) and (B); and 

15 (B) by inserting ‘‘, 12301(d), 12301(g), or 

16 12310’’ after ‘‘section 101(a)(13)(B)’’ in sub17 paragraph (B). 

18 (2) DEFINITION OF ‘‘COVERED SERVICEMEM19 BER’’.—Paragraph (8)(A) of such section is amend20 ed by inserting ‘‘inpatient or’’ before ‘‘outpatient 

21 status’’. 

22 (3) TECHNICAL AMENDMENT.—Paragraph 

23 (7)(B) of such section is further amended by strik24 ing ‘‘, United States Code’’. 


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1 Subtitle B—Consolidation and Re2 form of Travel and Transpor3 tation Authorities 

4 SEC. 611. CONSOLIDATION AND REFORM OF TRAVEL AND 

5 TRANSPORTATION AUTHORITIES OF THE 

6 UNIFORMED SERVICES. 

7 (a) PURPOSE.—This section establishes general trav8 el and transportation provisions for members of the uni9 formed service and other travelers authorized to travel 

10 under official conditions. Recognizing the complexities and 

11 the changing nature of travel, the amendments made by 

12 this section provide the Secretary of Defense and the other 

13 administering Secretaries with the authority to prescribe 

14 and implement travel and transportation policy that is 

15 simple, efficient, relevant, and flexible and that meets mis16 sion and servicemember needs. 

17 (b) CONSOLIDATED AUTHORITIES.—Title 37, United 

18 States Code, is amended by inserting after chapter 7 the 

19 following new chapter: 

20 ‘‘CHAPTER 8—TRAVEL AND 

21 TRANSPORTATION ALLOWANCES 

‘‘SUBCHAPTER I—TRAVEL AND TRANSPORTATION AUTHORITIES—NEW LAW

‘‘Sec. 

‘‘Sec. 451. Definitions. 

‘‘Sec. 452. Allowable travel and transportation: general authorities. 

‘‘Sec. 453. Allowable travel and transportation: specific authorities. 

‘‘Sec. 454. Travel and transportation pilot programs. 

‘‘Sec. 455. Appropriations for travel: may not be used for attendance at certain 

meetings. 


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‘‘SUBCHAPTER II—ADMINISTRATIVE PROVISIONS

‘‘Sec. 461. Relationship to other travel and transportation authorities. 

‘‘Sec. 462. Travel and transportation expenses paid to members that are unauthorized or in excess of authorized amounts: requirement for 

repayment. 

‘‘Sec. 463. Regulations. 

‘‘SUBCHAPTER III—TRAVEL AND TRANSPORTATION AUTHORITIES—OLD LAW

‘‘Sec. 471. Travel authorities transition expiration date. 

‘‘Sec. 472. Definitions and other incorporated provisions of chapter 7. 

‘‘Sec. 474. Travel and transportation allowances: general. 

‘‘Sec. 474a. Travel and transportation allowances: temporary lodging expenses. 

‘‘Sec. 474b. Travel and transportation allowances: payment of lodging expenses 

at temporary duty location during authorized absence of member. 

‘‘Sec. 475. Travel and transportation allowances: per diem while on duty outside the continental United States. 

‘‘Sec. 475a. Travel and transportation allowances: departure allowances. 

‘‘Sec. 476a. Travel and transportation allowances: authorized for travel performed under orders that are canceled, revoked, or modified. 

‘‘Sec. 476b. Travel and transportation allowances: members of the uniformed 

services attached to a ship overhauling or inactivating. 

‘‘Sec. 476c. Travel and transportation allowances: members assigned to a vessel 

under construction. 

‘‘Sec. 477. Travel and transportation allowances: dislocation allowance. 

‘‘Sec. 478. Travel and transportation allowances: travel within limits of duty 

station. 

‘‘Sec. 478a. Travel and transportation allowances: inactive duty training outside of the normal commuting distances. 

‘‘Sec. 479. Travel and transportation allowances: house trailers and mobile 

homes. 

‘‘Sec. 480. Travel and transportation allowances: miscellaneous categories. 

‘‘Sec. 481. Travel and transportation allowances: administrative provisions. 

‘‘Sec. 481a. Travel and transportation allowances: travel performed in connection with convalescent leave. 

‘‘Sec. 481b. Travel and transportation allowances: travel performed in connection with leave between consecutive overseas tours. 

‘‘Sec. 481c. Travel and transportation allowances: travel performed in connection with rest and recuperative leave from certain stations in 

foreign countries. 

‘‘Sec. 481d. Travel and transportation allowances: transportation incident to 

personal emergencies for certain members and dependents. 

‘‘Sec. 481e. Travel and transportation allowances: transportation incident to 

certain emergencies for members performing temporary duty. 

‘‘Sec. 481f. Travel and transportation allowances: transportation for survivors 

of deceased member to attend the member’s burial ceremonies. 

‘‘Sec. 481g. Travel and transportation allowances: transportation incident to 

voluntary extensions of overseas tours of duty. 

‘‘Sec. 481h. Travel and transportation allowances: transportation of family 

members incident to illness or injury of members. 

‘‘Sec. 481i. Travel and transportation allowances: parking expenses. 

‘‘Sec. 481j. Travel and transportation allowances: transportation of family 

members incident to the repatriation of members held captive. 


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‘‘Sec. 481k. Travel and transportation allowances: non-medical attendants for 

members determined to be very seriously or seriously wounded, 

ill, or injured. 

‘‘Sec. 484. Travel and transportation: dependents of members in a missing status; household and personal effects; trailers; additional movements; motor vehicles; sale of bulky items; claims for proceeds; 

appropriation chargeable. 

‘‘Sec. 488. Allowance for recruiting expenses. 

‘‘Sec. 489. Travel and transportation allowances: minor dependent schooling. 

‘‘Sec. 490. Travel and transportation: dependent children of members stationed 

overseas. 

‘‘Sec. 491. Benefits for certain members assigned to the Defense Intelligence 

Agency. 

‘‘Sec. 492. Travel and transportation: members escorting certain dependents. 

‘‘Sec. 494. Subsistence reimbursement relating to escorts of foreign arms control inspection teams. 

‘‘Sec. 495. Funeral honors duty: allowance. 

1 ‘‘SUBCHAPTER I—TRAVEL AND 

2 TRANSPORTATION—NEW LAW 

3 ‘‘§ 451. Definitions 

4 ‘‘(a) DEFINITIONS RELATING TO PERSONS.—In this 

5 subchapter and subchapter II: 

6 ‘‘(1) The term ‘administering Secretary’ or ‘ad7 ministering Secretaries’ means the following: 

8 ‘‘(A) The Secretary of Defense, with re9 spect to the armed forces (including the Coast 

10 Guard when it is operating as a service in the 

11 Navy). 

12 ‘‘(B) The Secretary of Homeland Security, 

13 with respect to the Coast Guard when it is not 

14 operating as a service in the Navy. 

15 ‘‘(C) The Secretary of Commerce, with re16 spect to the National Oceanic and Atmospheric 

17 Administration. 


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1 ‘‘(D) The Secretary of Health and Human 

2 Services, with respect to the Public Health 

3 Service. 

4 ‘‘(2) The term ‘authorized traveler’ means a 

5 person who is authorized travel and transportation 

6 allowances when performing official travel ordered or 

7 authorized by the administering Secretary. Such 

8 term includes the following: 

9 ‘‘(A) A member of the uniformed services. 

10 ‘‘(B) A family member of a member of the 

11 uniformed services. 

12 ‘‘(C) A person acting as an escort or at13 tendant for a member or family member who is 

14 traveling on official travel or is traveling with 

15 the remains of a deceased member. 

16 ‘‘(D) A person who participates in a mili17 tary funeral honors detail. 

18 ‘‘(E) A Senior Reserve Officers’ Training 

19 Corps cadet or midshipman. 

20 ‘‘(F) An applicant or rejected applicant for 

21 enlistment. 

22 ‘‘(G) Any other person whose employment 

23 or service is considered directly related to a 

24 Government official activity or function under 

25 regulations prescribed section 463 of this title. 


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1 ‘‘(3) The term ‘family member’, with respect to 

2 a member of the uniformed services, means the fol3 lowing: 

4 ‘‘(A) A dependent, as defined in section 

5 401(a) of this title. 

6 ‘‘(B) A child, as defined in section 

7 401(b)(1) of this title. 

8 ‘‘(C) A parent, as defined in section 

9 401(b)(2) of this title. 

10 ‘‘(D) A sibling of the member. 

11 ‘‘(E) A former spouse of the member. 

12 ‘‘(F) Any person not covered by subpara13 graphs (A) through (E) who is in a category 

14 specified in regulations under section 463 of 

15 this title as having an association, connection, 

16 or affiliation with a member of the uniformed 

17 services or the family of such a member. 

18 ‘‘(G) Any person not covered by subpara19 graphs (A) through (F) who is determined by 

20 the administering Secretary under regulations 

21 prescribed under section 463 of this title as 

22 warranting the status of being a family member 

23 for purposes of a particular travel incident. 


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1 ‘‘(b) DEFINITIONS RELATING TO TRAVEL AND

2 TRANSPORTATION ALLOWANCES.—In this subchapter and 

3 subchapter II: 

4 ‘‘(1) The term ‘official travel’ means the fol5 lowing: 

6 ‘‘(A) Military duty or official business per7 formed by an authorized traveler away from a 

8 duty assignment location or other authorized lo9 cation. 

10 ‘‘(B) Travel performed by an authorized 

11 traveler ordered to relocate from a permanent 

12 duty station to another permanent duty station. 

13 ‘‘(C) Travel performed by an authorized 

14 traveler ordered to the first permanent duty 

15 station, or separated or retired from uniformed 

16 service. 

17 ‘‘(D) Local travel in or around the tem18 porary duty or permanent duty station. 

19 ‘‘(E) Other travel as authorized or ordered 

20 by the administering Secretary. 

21 ‘‘(2) The term ‘actual and necessary expenses’ 

22 means expenses incurred in fact by a traveler as a 

23 reasonable consequence of official travel. 

24 ‘‘(3) The term ‘travel allowances’ means the 

25 daily lodging, meals, and other related expenses, inVerDate Mar 15 2010 04:39 May 25, 2011 Jkt 099200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\S981.IS S981

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1 cluding relocation expenses, incurred by an author2 ized traveler while on official travel. 

3 ‘‘(4) The term ‘transportation allowances’ 

4 means the costs of temporarily or permanently mov5 ing an authorized traveler, the personal property of 

6 an authorized traveler, or a combination thereof. 

7 ‘‘(5) The term ‘transportation-, lodging-, or 

8 meals-in-kind’ means transportation, lodging, or 

9 meals provided by the Government without cost to 

10 the traveler. 

11 ‘‘(6) The term ‘miscellaneous expenses’ mean 

12 authorized expenses incurred in addition to author13 ized allowances during the performance of official 

14 travel. 

15 ‘‘(7) The term ‘personal property’, with respect 

16 to transportation allowances, includes baggage, fur17 niture, and other household items, clothing, privately 

18 owned vehicles, house trailers, mobile homes, and 

19 any other personal item that would not otherwise be 

20 prohibited by any other provision or law, or regula21 tion prescribed under section 463 of this title. 

22 ‘‘(8) The term ‘relocation allowances’ means the 

23 costs associated with relocating a member of the 

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1 tween an old and new temporary or permanent duty 

2 assignment location or other authorized location. 

3 ‘‘(9) The term ‘dislocation allowances’ means 

4 the costs associated with relocation of the household 

5 of a member of the uniformed services or other au6 thorized traveler in relation to a change in the mem7 ber’s permanent duty assignment location ordered 

8 for the convenience of the Government or incident to 

9 an evacuation. 

10 ‘‘(10) The term ‘per diem’ means an amount 

11 established as a daily rate that is paid to an author12 ized traveler to cover lodging, meals, and other re13 lated travel expenses pursuant to regulations. 

14 ‘‘§ 452. Allowable travel and transportation: general 

15 authorities 

16 ‘‘(a) IN GENERAL.—Except as otherwise prohibited 

17 by law, a member of the uniformed services or other au18 thorized traveler— 

19 ‘‘(1) shall be provided transportation-, lodging, 

20 or meals-in-kind, or actual and necessary travel and 

21 transportation expenses for, or in connection with, 

22 official travel; or 

23 ‘‘(2) may be provided transportation and travel 

24 allowances under other circumstances as specified in 

25 regulations prescribed under section 463 of this title. 


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1 ‘‘(b) SPECIFIC CIRCUMSTANCES.—The authority 

2 under subsection (a) includes travel under or in connection 

3 with, but not limited to, the following circumstances, to 

4 the extent specified in regulations prescribed under section 

5 463 of this title: 

6 ‘‘(1) Temporary duty that requires en route 

7 travel between a permanent duty assignment loca8 tion and another authorized temporary duty loca9 tion, and travel in or around the temporary duty lo10 cation. 

11 ‘‘(2) Permanent change of station that requires 

12 en route travel between an old and new temporary 

13 or permanent duty assignment location or other au14 thorized location. 

15 ‘‘(3) Temporary duty or assignment relocation 

16 related to a consecutive overseas tour or in-place17 consecutive overseas tour. 

18 ‘‘(4) Recruiting duties for the armed forces. 

19 ‘‘(5) Assignment or detail to another Govern20 ment agency or department. 

21 ‘‘(6) Rest and recuperative leave. 

22 ‘‘(7) Convalescent leave. 

23 ‘‘(8) Reenlistment leave. 


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1 ‘‘(9) Reserve component inactive-duty training 

2 performed outside the normal commuting distance of 

3 the member’s permanent residence. 

4 ‘‘(10) Ready Reserve muster duty. 

5 ‘‘(11) Unusual, extraordinary, hardship, or 

6 emergency circumstances. 

7 ‘‘(12) Missing status, as determined by the Sec8 retary concerned under chapter 10 of this title. 

9 ‘‘(13) Attendance at or participation in inter10 national sports competitions described under section 

11 717 of title 10. 

12 ‘‘(c) MATTERS INCLUDED.—Travel and transpor13 tation allowances which may be provided under subsection 

14 (a) include the following: 

15 ‘‘(1) Allowances for transportation, lodging, and 

16 meals. 

17 ‘‘(2) Dislocation or relocation allowance paid in 

18 connection with a change in a member’s temporary 

19 or permanent duty assignment location. 

20 ‘‘(3) Other related miscellaneous expenses. 

21 ‘‘(d) MODE OF PROVIDING TRAVEL AND TRANSPOR22 TATION ALLOWANCES.—Any authorized travel and trans23 portation may be provided— 

24 ‘‘(1) as an actual expense; 

25 ‘‘(2) as an authorized allowance; 


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1 ‘‘(3) in-kind; or 

2 ‘‘(4) using a combination of the authorities 

3 under paragraphs (1), (2), and (3). 

4 ‘‘(e) TRAVEL AND TRANSPORTATION ALLOWANCES

5 WHEN TRAVEL ORDERS ARE MODIFIED, ETC.—A mem6 ber of a uniformed service or other authorized person 

7 whose travel and transportation order or authorization is 

8 canceled, revoked, or modified may be allowed actual and 

9 necessary expenses or travel and transportation allow10 ances. 

11 ‘‘(f) ADVANCE PAYMENTS.—A member of the uni12 formed services or other authorized person may be allowed 

13 advance payments for authorized travel and transpor14 tation allowances. 

15 ‘‘(g) RESPONSIBILITY FOR UNAUTHORIZED EX16 PENSES.—Any unauthorized travel or transportation ex17 pense is not the responsibility of the United States. 

18 ‘‘(h) RELATIONSHIP TO OTHER AUTHORITIES.—The 

19 administering Secretary may not provide payment under 

20 this section for an expense for which payment may be pro21 vided from any other appropriate Government or non-Gov22 ernment entity. 


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1 ‘‘§ 453. Allowable travel and transportation: specific 

2 authorities 

3 ‘‘(a) IN GENERAL.—In addition to any other author4 ity for the provision of travel and transportation allow5 ances, the administering Secretaries may provide travel 

6 expenses and transportation expenses under this sub7 chapter in accordance with this section: 

8 ‘‘(b) AUTHORIZED ABSENCE FROM TEMPORARY

9 DUTY LOCATION.—A member of a uniformed service or 

10 other authorized traveler may be allowed travel expenses 

11 and transportation allowances incurred at a temporary 

12 duty location during an authorized absence from that loca13 tion. 

14 ‘‘(c) MOVEMENT OF PERSONAL PROPERTY.— 

15 ‘‘(1) A member of a uniformed service or other 

16 authorized person may be allowed moving expenses 

17 and transportation allowances associated with the 

18 movement of personal property and household goods, 

19 including such expenses when associated with a self20 move. 

21 ‘‘(2) The authority in paragraph (1) includes 

22 the movement and temporary and non-temporary 

23 storage of personal property, household goods, and 

24 privately-owned vehicles in connection with the tem25 porary or permanent move between authorized loca26 tions. 


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1 ‘‘(3) For movement of household goods, the ad2 ministering Secretaries shall prescribe weight allow3 ances in regulations under section 463 of this title. 

4 The prescribed weight allowances may not exceed 

5 18,000 pounds (including packing, crating, and 

6 household goods in temporary storage), except that 

7 the administering Secretary may authorize addi8 tional weight allowances as necessary. 

9 ‘‘(4) The administering Secretary may prescribe 

10 the terms, rates, and conditions that authorize a 

11 member of the uniformed services to ship or store a 

12 privately owned vehicle. 

13 ‘‘(5) No carrier, port agent, warehouseman, 

14 freight forwarder, or other person involved in the 

15 transportation of property may have any lien on, or 

16 hold, impound, or otherwise interfere with, the move17 ment of baggage and household goods being trans18 ported under this section. 

19 ‘‘(d) UNUSUAL OR EMERGENCY CIRCUMSTANCES.— 

20 A member of the uniformed services or other authorized 

21 person may be provided travel and transportation allow22 ances under this section for unusual, extraordinary, hard23 ship, or emergency circumstances, including under cir24 cumstances warranting evacuation from a permanent duty 

25 assignment location. 


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1 ‘‘(e) PARTICULAR SEPARATION PROVISIONS.—The 

2 administering Secretary may provide travel and transpor3 tation in kind for the following persons in accordance with 

4 regulations prescribed under section 463 of this title: 

5 ‘‘(1) A member who is retired, or is placed on 

6 the temporary disability retired list, under chapter 

7 61 of title 10. 

8 ‘‘(2) A member who is retired with pay under 

9 any other law or who, immediately following at least 

10 eight years of continuous active duty with no single 

11 break therein of more than 90 days, is discharged 

12 with separation pay or is involuntarily released from 

13 active duty with separation pay or readjustment pay. 

14 ‘‘(3) A member who is discharged under section 

15 1173 of title 10. 

16 ‘‘(f) ATTENDANCE AT MEMORIAL CEREMONIES AND

17 SERVICES.—A family member or member of the uni18 formed services who attends a deceased member’s repatri19 ation, burial, or memorial ceremony or service may be pro20 vided travel and transportation allowances to the extent 

21 provided in regulations prescribed under section 463 of 

22 this title. 

23 ‘‘§ 454. Travel and transportation pilot programs 

24 ‘‘(a) PILOT PROGRAMS.—Except as otherwise prohib25 ited by law, the Secretary of Defense may conduct pilot 


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1 programs to evaluate alternative travel and transportation 

2 programs, policies, and processes for Department of De3 fense authorized travelers. Such pilot programs shall be 

4 conducted so as to evaluate one or more of the following: 

5 ‘‘(1) Alternative methods for performing and 

6 reimbursing travel. 

7 ‘‘(2) Means for limiting the need for travel. 

8 ‘‘(3) Means for reducing the environmental im9 pact of travel. 

10 ‘‘(b) WAIVER AUTHORITY.—Subject to subsection 

11 (c), the administering Secretary may waive any otherwise 

12 applicable provision of law to the extent determined nec13 essary by the Secretary for the purposes of carrying out 

14 a pilot program under subsection (a). 

15 ‘‘(c) LIMITATION.—The authority to carry out a pro16 gram under subsection (a) is subject to the availability of 

17 appropriated funds. 

18 ‘‘SUBCHAPTER II—ADMINISTRATIVE 

19 PROVISIONS 

20 ‘‘§ 461. Relationship to other travel and transpor21 tation authorities 

22 ‘‘A member of a uniformed service or other author23 ized traveler may not be paid travel and transportation 

24 allowances or receive travel and transportation-in-kind, or 

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1 chapter III for Government official travel and transpor2 tation performed under a single or related travel and 

3 transportation order or authorization by the administering 

4 Secretary. 

5 ‘‘§ 462. Travel and transportation expenses paid to 

6 members that are unauthorized or in ex7 cess of authorized amounts: requirement 

8 for repayment 

9 ‘‘(a) REPAYMENT REQUIRED.—Except as provided in 

10 subsection (b), a member of the uniformed services or 

11 other person who is paid travel and transportation allow12 ances under subchapter I shall repay to the United States 

13 any amount of such payment that is determined to be un14 authorized or in excess of the applicable authorized 

15 amount. 

16 ‘‘(b) EXCEPTION.—The regulations prescribed to ad17 minister this subchapter shall specify procedures for deter18 mining the circumstances under which a repayment excep19 tion may be granted. 

20 ‘‘(c) EFFECT OF BANKRUPTCY.—An obligation to 

21 repay the United States under this section is, for all pur22 poses, a debt owed the United States. A discharge in bank23 ruptcy under title 11 does not discharge a person from 

24 such debt if the discharge order is entered less than five 

25 years after the date on which the debt was incurred. 


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1 ‘‘§ 463. Regulations 

2 ‘‘This subchapter and subchapter I shall be adminis3 tered under terms, rates, conditions, and regulations pre4 scribed by the Secretary of Defense in consultation with 

5 the other administering Secretaries for members of the 

6 uniformed services. Such regulations shall be uniform for 

7 the Department of Defense and shall be apply as uni8 formly as practicable to the uniformed services under the 

9 jurisdiction of the other administering Secretaries. 

10 ‘‘SUBCHAPTER III—TRAVEL AND 

11 TRANSPORTATION AUTHORITIES—OLD LAW 

12 ‘‘§ 471. Travel authorities transition expiration date 

13 ‘‘In this subchapter, the term ‘travel authorities tran14 sition expiration date’ means the last day of the 10-year 

15 period beginning on the first day of the first month begin16 ning after the date of the enactment of this section. 

17 ‘‘§ 472. Definitions and other incorporated provisions 

18 of chapter 7 

19 ‘‘(a) DEFINITIONS.—The provisions of section 401 of 

20 this title apply to this subchapter. 

21 ‘‘(b) OTHER PROVISIONS.—The provisions of sections 

22 421 and 423 of this title apply to this subchapter.’’. 

23 (c) TRANSFER OF SECTIONS.— 

24 (1) TRANSFER TO SUBCHAPTER I.—Section 412 

25 of title 37, United States Code, is transferred to 

26 chapter 8 of such title, as added by subsection (b), 


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1 inserted after section 454, and redesignated as sec2 tion 455. 

3 (2) TRANSFER OF CURRENT CHAPTER 7 AU4 THORITIES TO SUBCHAPTER III.—Sections 404, 

5 404a, 404b, 405, 405a, 406, 406a, 406b, 406c, 407, 

6 408, 408a, 409, 410, 411, 411a through 411k, 428 

7 through 432, 434, and 435 of such title are trans8 ferred (in that order) to chapter 8 of such title, as 

9 added by subsection (b), inserted after section 472, 

10 and redesignated as follows: 

Section: Redesignated Section: 

404 .................................................................................... 474 

404a .................................................................................. 474a 

404b .................................................................................. 474b 

405 .................................................................................... 475 

405a .................................................................................. 475a 

406 .................................................................................... 476 

406a .................................................................................. 476a 

406b .................................................................................. 476b 

406c ................................................................................... 476c 

407 .................................................................................... 477 

408 .................................................................................... 478 

408a .................................................................................. 478a 

409 .................................................................................... 479 

410 .................................................................................... 480 

411 .................................................................................... 481 

411a .................................................................................. 481a 

411b .................................................................................. 481b 

411c ................................................................................... 481c 

411d .................................................................................. 481d 

411e .................................................................................. 481e 

411f ................................................................................... 481f 

411g .................................................................................. 481g 

411h .................................................................................. 481h 

411i ................................................................................... 481i 

411j ................................................................................... 481j 

411k .................................................................................. 481k 

428 .................................................................................... 488 

429 .................................................................................... 489 

430 .................................................................................... 490 

432 .................................................................................... 492 

434 .................................................................................... 494 

435 .................................................................................... 495 


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1 (3) TRANSFER OF SECTION 554.—Section 554 

2 of such title is transferred to chapter 8 of such title, 

3 as added by subsection (b), inserted after section 

4 481k (as transferred and redesignated by paragraph 

5 (2)), and redesignated as section 484. 

6 (d) SUNSET OF OLD-LAW AUTHORITIES.—Provisions 

7 of subchapter III of chapter 8 of title 37, United States 

8 Code, as transferred and redesignated by paragraphs (2) 

9 and (3) of subsection (c), are amended as follows: 

10 (1) Section 474 is amended by adding at the 

11 end the following new subsection: 

12 ‘‘(h) TERMINATION.—No travel and transportation 

13 allowance or reimbursement may be provided under this 

14 section for travel that begins after the travel authorities 

15 transition expiration date.’’. 

16 (2) Section 474a is amended by adding at the 

17 end the following new subsection: 

18 ‘‘(f) TERMINATION.—No payment or reimbursement 

19 may be provided under this section with respect to a 

20 change of permanent station for which orders are issued 

21 after the travel authorities transition expiration date.’’. 

22 (3) Section 474b is amended by adding at the 

23 end the following new subsection: 

24 ‘‘(e) TERMINATION.—No payment or reimbursement 

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1 thorized absence that begins after the travel authorities 

2 transition expiration date.’’. 

3 (4) Section 475 is amended by adding at the 

4 end the following new subsection: 

5 ‘‘(f) TERMINATION.—During and after the travel au6 thorities expiration date, no per diem may be paid under 

7 this section for any period.’’. 

8 (5) Section 475a is amended by adding at the 

9 end the following new subsection: 

10 ‘‘(c) TERMINATION.—During and after the travel au11 thorities expiration date, no allowance under subsection 

12 (a) or transportation or reimbursement under subsection 

13 (b) may be provided with respect to an authority or order 

14 to depart.’’. 

15 (6) Section 476 is amended by adding at the 

16 end the following new subsection: 

17 ‘‘(n) TERMINATION.—No transportation, reimburse18 ment, allowance, or per diem may be provided under this 

19 section— 

20 ‘‘(1) with respect to a change of temporary or 

21 permanent station for which orders are issued after 

22 the travel authorities transition expiration date; or 

23 ‘‘(2) in a case covered by this section when such 

24 orders are not issued, with respect to a movement of 


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1 baggage or household effects that begins after such 

2 date.’’. 

3 (7) Section 476b is amended by adding at the 

4 end the following new subsection: 

5 ‘‘(e) TERMINATION.—No transportation or allowance 

6 may be provided under this section for travel that begins 

7 after the travel authorities transition expiration date.’’. 

8 (8) Section 476c is amended by adding at the 

9 end the following new subsection: 

10 ‘‘(e) TERMINATION.—No transportation or allowance 

11 may be provided under this section for travel that begins 

12 after the travel authorities transition expiration date.’’. 

13 (9) Section 477 is amended by adding at the 

14 end the following new subsection: 

15 ‘‘(i) TERMINATION.—No dislocation allowance may 

16 be paid under this section for a move that begins after 

17 the travel authorities transition expiration date.’’. 

18 (10) Section 478 is amended by adding at the 

19 end the following new subsection: 

20 ‘‘(c) TERMINATION.—No travel and transportation 

21 allowance, payment, or reimbursement may be provided 

22 under this section for travel that begins after the travel 

23 authorities transition expiration date.’’. 

24 (11) Section 479 is amended by adding at the 

25 end the following new subsection: 


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1 ‘‘(e) TERMINATION.—No transportation of a house 

2 trailer or mobile home, or storage or payment in connec3 tion therewith, may be provided under this section for 

4 transportation that begins after the travel authorities 

5 transition expiration date.’’. 

6 (12) Section 481 is amended by adding at the 

7 end the following new subsection: 

8 ‘‘(e) TERMINATION.—The regulations prescribed 

9 under this section shall cease to be in effect as of the trav10 el authorities transition expiration date.’’. 

11 (13) Section 481a is amended by adding at the 

12 end the following new subsection: 

13 ‘‘(c) TERMINATION.—No travel and transportation 

14 allowance may be provided under this section for travel 

15 that is authorized after the travel authorities transition 

16 expiration date.’’. 

17 (14) Section 481b is amended by adding at the 

18 end the following new subsection: 

19 ‘‘(h) TERMINATION.—No travel and transportation 

20 allowance may be provided under this section for travel 

21 that is authorized after the travel authorities transition 

22 expiration date.’’. 

23 (15) Section 481c is amended by adding at the 

24 end the following new subsection: 


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1 ‘‘(c) TERMINATION.—No transportation may be pro2 vided under this section after the travel authorities transi3 tion expiration date, and no payment may be made under 

4 this section for transportation that begins after that 

5 date.’’. 

6 (16) Section 481d is amended by adding at the 

7 end the following new subsection: 

8 ‘‘(d) TERMINATION.—No transportation may be pro9 vided under this section after the travel authorities transi10 tion expiration date.’’. 

11 (16) Section 481e is amended by adding at the 

12 end the following new subsection: 

13 ‘‘(c) TERMINATION.—No travel and transportation 

14 allowance or reimbursement may be provided under this 

15 section for travel that begins after the travel authorities 

16 transition expiration date.’’. 

17 (17) Section 481f is amended by adding at the 

18 end the following new subsection: 

19 ‘‘(h) TERMINATION.—No travel and transportation 

20 allowance or reimbursement may be provided under this 

21 section for travel that begins after the travel authorities 

22 transition expiration date.’’. 

23 (18) Section 481h is amended by adding at the 

24 end the following new subsection: 


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1 ‘‘(e) TERMINATION.—No transportation, allowance, 

2 reimbursement, or per diem may be provided under this 

3 section for travel that begins after the travel authorities 

4 transition expiration date.’’. 

5 (19) Section 481i is amended by adding at the 

6 end the following new subsection: 

7 ‘‘(c) TERMINATION.—No reimbursement may be pro8 vided under this section for expenses incurred after the 

9 travel authorities transition expiration date.’’. 

10 (20) Section 481j is amended by adding at the 

11 end the following new subsection: 

12 ‘‘(e) TERMINATION.—No transportation, allowance, 

13 reimbursement, or per diem may be provided under this 

14 section for travel that begins after the travel authorities 

15 transition expiration date.’’. 

16 (21) Section 481k is amended by adding at the 

17 end the following new subsection: 

18 ‘‘(e) TERMINATION.—No transportation, allowance, 

19 or reimbursement may be provided under this section for 

20 travel that begins after the travel authorities transition ex21 piration date.’’. 

22 (22) Section 484 is amended by adding at the 

23 end the following new subsection: 

24 ‘‘(k) TERMINATION.—No transportation, allowance, 

25 or reimbursement may be provided under this section for 


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1 a move that begins after the travel authorities transition 

2 expiration date.’’. 

3 (23) Section 488 is amended— 

4 (A) by inserting ‘‘(a) AUTHORITY.—’’ be5 fore ‘‘In addition’’; and 

6 (B) by adding at the end the following new 

7 subsection: 

8 ‘‘(b) TERMINATION.—No reimbursement may be pro9 vided under this section for expenses incurred after the 

10 travel authorities transition expiration date.’’. 

11 (24) Section 489 is amended— 

12 (A) by inserting ‘‘(a) AUTHORITY.—’’ be13 fore ‘‘In addition’’; and 

14 (B) by adding at the end the following new 

15 subsection: 

16 ‘‘(e) TERMINATION.—No transportation or allowance 

17 may be provided under this section for travel that begins 

18 after the travel authorities transition expiration date.’’. 

19 (25) Section 490 is amended by adding at the 

20 end the following new subsection: 

21 ‘‘(g) TERMINATION.—No transportation, allowance, 

22 reimbursement, or per diem may be provided under this 

23 section for travel that begins after the travel authorities 

24 transition expiration date.’’. 


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1 (26) Section 492 is amended by adding at the 

2 end the following new subsection: 

3 ‘‘(c) TERMINATION.—No transportation or allowance 

4 may be provided under this section for travel that begins 

5 after the travel authorities transition expiration date.’’. 

6 (27) Section 494 is amended by adding at the 

7 end the following new subsection: 

8 ‘‘(d) TERMINATION.—No reimbursement may be pro9 vided under this section for expenses incurred after the 

10 travel authorities transition expiration date.’’. 

11 (28) Section 495 is amended by adding at the 

12 end the following new subsection: 

13 ‘‘(c) TERMINATION.—No allowance may be paid 

14 under this section for any day after the travel authorities 

15 transition expiration date.’’. 

16 (e) TECHNICAL AND CLERICAL AMENDMENTS.— 

17 (1) CHAPTER HEADING.—The heading of chap18 ter 7 of such title is amended to read as follows: 

19 ‘‘CHAPTER 7—ALLOWANCES OTHER THAN 

20 TRAVEL AND TRANSPORTATION AL21 LOWANCES’’. 

22 (2) TABLE OF CHAPTERS.—The table of chap23 ter preceding chapter 1 of such title is amended by 

24 striking the item relating to chapter 7 and inserting 

25 the following: 


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‘‘7. Allowances Other Than Travel and Transportation Allowances ........ 401

‘‘8. Travel and Transportation Allowances ............................................... 451’’. 

1 (3) TABLE OF SECTIONS.—The table of sections 

2 at the beginning of chapter 7 of such title is amend3 ed by striking the items relating to sections 404 

4 through 412, 428 through 432, 434, and 435. 

5 (4) CROSS REFERENCES.—(A) Any section of 

6 title 10 or 37, United States Code, that includes a 

7 reference to a section of title 37 that is transferred 

8 and redesignated by subsection (c) is amended so as 

9 to conform the reference to the section number of 

10 the section as so redesignated. 

11 (B) Any reference in a provision of law other 

12 than a section of title 10 or 37, United States Code, 

13 to a section of title 37 that is transferred and redes14 ignated by subsection (c) is deemed to refer to the 

15 section as so redesignated. 

16 SEC. 612. TRANSITION PROVISIONS. 

17 (a) IMPLEMENTATION PLAN.—The Secretary of De18 fense shall develop a plan to implement subchapters I and 

19 II of chapter 8 of title 37, United States Code, as added 

20 by section 611, and to transition all of the travel and 

21 transportation programs for members of the uniformed 

22 services under chapter 7 of title 37, United States Code, 

23 solely to provisions of those subchapters by the end of the 

24 transition period. 


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1 (b) AUTHORITY FOR MODIFICATIONS TO OLD LAW

2 AUTHORITIES DURING TRANSITION PERIOD.—During the 

3 transition period, the Secretary of Defense and the Secre4 taries concerned, in using the authorities under sub5 chapter III of chapter 8 of title 37, United States Code, 

6 as added by section 611(b), may apply those authorities 

7 subject to the terms of such provisions and such modifica8 tions as the Secretary of Defense may include in the im9 plementation plan required under subsection (a) or in any 

10 subsequent modification to that implementation plan. 

11 (c) COORDINATION.—The Secretary of Defense shall 

12 prepare the implementation plan under subsection (a) and 

13 any modification to that plan under subsection (b) in co14 ordination with— 

15 (1) the Secretary of Homeland Security, with 

16 respect to the Coast Guard; 

17 (2) the Secretary of Health and Human Serv18 ices, with respect to the commissioned corps of the 

19 Public Health Service; and 

20 (3) the Secretary of Commerce, with respect to 

21 the National Oceanic and Atmospheric Administra22 tion. 

23 (d) TRANSITION PERIOD.—In this section, the term 

24 ‘‘transition period’’ means the 10-year period beginning 


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1 on the first day of the first month beginning after the date 

2 of the enactment of this Act. 

3 TITLE VII—HEALTH CARE 

4 PROVISIONS 

5 SEC. 701. RESERVE COMPONENT MENTAL HEALTH STU6 DENT STIPEND. 

7 (a) RESERVE COMPONENT MENTAL HEALTH STU8 DENT STIPEND.—Section 16201 of title 10, United States 

9 Code, is amended— 

10 (1) by redesignating subsection (f) as sub11 section (g); and 

12 (2) by inserting after subsection (e) the fol13 lowing new subsection (f): 

14 ‘‘(f) MENTAL HEALTH PROFESSIONALS IN CRITICAL

15 WARTIME SPECIALTIES.—(1) Under the stipend program 

16 under this chapter, the Secretary of the military depart17 ment concerned may enter into an agreement with a per18 son who— 

19 ‘‘(A) is eligible to be appointed as an offi20 cer in a reserve component; 

21 ‘‘(B) is enrolled or has been accepted for 

22 enrollment in an institution in a course of study 

23 that results in a degree in clinical psychology or 

24 social work; 


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1 ‘‘(C) Signs an agreement that, unless soon2 er separated, the person will— 

3 ‘‘(i) complete the educational phase of 

4 the program; 

5 ‘‘(ii) accept a reappointment or redes6 ignation within the person‘s reserve compo7 nent, if tendered, based upon the person’s 

8 health profession, following satisfactory 

9 completion of the educational and intern 

10 programs; and 

11 ‘‘(iii) participate in a residency pro12 gram if required for clinical licensure; and 

13 ‘‘(D) if required by regulations prescribed 

14 by the Secretary of Defense, agrees to apply 

15 for, if eligible, and accept, if offered, residency 

16 training in a health profession skill which has 

17 been designated by the Secretary of Defense as 

18 a critically needed wartime skill. 

19 ‘‘(2) Under the agreement— 

20 ‘‘(A) the Secretary of the military depart21 ment concerned shall agree to pay the partici22 pant a stipend, in the amount determined under 

23 subsection (g), for the period or the remainder 

24 of the period that the student is satisfactorily 

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1 chology or social work while enrolled in a school 

2 accredited in the designated mental health dis3 cipline; 

4 ‘‘(B) the participant shall not be eligible to 

5 receive such stipend before appointment, des6 ignation, or assignment as an officer for service 

7 in the Ready Reserve; 

8 ‘‘(C) the participant shall be subject to 

9 such active duty requirements as may be speci10 fied in the agreement and to active duty in time 

11 of war or national emergency as provided by 

12 law for members of the Ready Reserve; and 

13 ‘‘(D) the participant shall agree to serve, 

14 upon successful completion of the program, one 

15 year in the Ready Reserve for each six months, 

16 or part thereof, for which the stipend is pro17 vided, to be served in the Selected Reserve or 

18 in the Individual Ready Reserve as specified in 

19 the agreement.’’. 

20 (b) CROSS-REFERENCE AMENDMENTS.—Such sec21 tion is further amended by striking ‘‘subsection (f)’’ in 

22 subsections (b)(2)(A), (c)(2)(A), and (d)(2)(A) and insert23 ing ‘‘subsection (g)’’. 


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1 SEC. 702. TRANSITION ENROLLMENT OF UNIFORMED SERV2 ICES FAMILY HEALTH PLAN MEDICARE-ELI3 GIBLE RETIREES TO TRICARE FOR LIFE. 

4 Section 724(e) of the National Defense Authorization 

5 Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 

6 1073 note) is amended— 

7 (1) by striking ‘‘If a covered beneficiary’’ and 

8 inserting ‘‘(1) Except as provided in paragraph (2), 

9 if a covered beneficiary’’; and 

10 (2) by adding at the end the following new 

11 paragraph: 

12 ‘‘(2) After September 30, 2011, a covered bene13 ficiary (other than a beneficiary under section 1079 

14 of title 10, United States Code) who is also entitled 

15 to hospital insurance benefits under part A of title 

16 XVIII of the Social Security Act due to age may not 

17 enroll in the managed care program of a designated 

18 provider unless the beneficiary was enrolled in that 

19 program on September 30, 2011.’’. 

20 TITLE VIII—ACQUISITION POL21 ICY, ACQUISITION MANAGE22 MENT, AND RELATED MAT23 TERS 

24 SEC. 801. REVISION TO LAW RELATING TO DISCLOSURES 

25 TO LITIGATION SUPPORT CONTRACTORS. 

26 (a) IN GENERAL.— 


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1 (1) REVISED AUTHORITY TO COVER DISCLO2 SURES UNDER LITIGATION SUPPORT CONTRACTS.— 

3 Chapter 3 of title 10, United States Code, is amend4 ed by inserting after section 129c the following new 

5 section: 

6 ‘‘§ 129d. Disclosure to litigation support contractors 

7 ‘‘(a) DISCLOSURES.—An officer or employee of the 

8 Department of Defense may disclose confidential commer9 cial, financial, or proprietary information, technical data, 

10 or other privileged or sensitive information to a litigation 

11 support contractor if— 

12 ‘‘(1) the disclosure is within the scope of the of13 ficial duties of the officer or employee; 

14 ‘‘(2) the disclosure is solely to enable the litiga15 tion support contractor to perform the services re16 quired under its contract with the Government; and 

17 ‘‘(3) the litigation support contractor has exe18 cuted an agreement with the Department prohibiting 

19 disclosure or use of the information except as au20 thorized pursuant to its contract, the violation of 

21 which is itself a basis for the Government to exercise 

22 its right to terminate the contract. 

23 ‘‘(b) DEFINITION.—In this section, the term ‘litiga24 tion support contractor’ means a contractor or individual 

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1 tract with the Department of Defense to provide litigation 

2 support in the form of administrative, technical, or profes3 sional services during or in anticipation of litigation.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of such chapter is amended 

6 by inserting after the item relating to section 129c 

7 the following new item: 

‘‘129d. Disclosure to litigation support contractors.’’. 

8 (b) REPEAL OF SUPERSEDED PROVISIONS ENACTED

9 IN PUBLIC LAW 111–383.—Section 2320 of such title is 

10 amended— 

11 (1) in subsection (c)(2)— 

12 (A) by striking ‘‘subsection (a)’’ and all 

13 that follows through ‘‘a covered Government’’ 

14 and inserting ‘‘subsection (a), allowing a cov15 ered Government’’; and 

16 (B) by striking subparagraph (B); and 

17 (2) by striking subsection (g). 

18 SEC. 802. CLARIFICATION OF DEPARTMENT OF DEFENSE 

19 AUTHORITY TO PURCHASE RIGHT-HAND 

20 DRIVE PASSENGER SEDAN VEHICLES AND IN21 CREASE IN COST LIMITATION. 

22 Section 2253(a)(2) of title 10, United States Code, 

23 is amended by striking ‘‘at a cost of not more than 

24 $30,000 each’’ and inserting ‘‘, but at a cost of not more 

25 than $45,000 each for passenger sedans’’. 


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1 SEC. 803. INCREASE IN DOLLAR THRESHOLDS FOR AU2 THORITIES FOR ACQUISITION OF LOW-COST 

3 INTERESTS IN LAND AND UNSPECIFIED 

4 MINOR CONSTRUCTION PROJECTS FOR ANTI5 TERRORISM AND FORCE PROTECTION PUR6 POSES. 

7 (a) ACQUISITION OF LOW-COST INTERESTS IN

8 LAND.—Section 2663(c)(2)(A) of title 10, United States 

9 Code, is amended— 

10 (1) by striking ‘‘needed solely’’ and inserting 

11 ‘‘needed— 

12 ‘‘(i) solely’’; 

13 (2) by striking ‘‘; and’’ and inserting ‘‘; or’’; 

14 and 

15 (3) by adding at the end the following new 

16 clause: 

17 ‘‘(ii) for anti-terrorism and force protection require18 ments; and’’. 

19 (b) UNSPECIFIED MINOR CONSTRUCTION.—Section 

20 2805 of such title is amended— 

21 (1) in subsection (a)(2), by inserting ‘‘or for 

22 anti-terrorism and force protection requirements,’’ 

23 after ‘‘safety-threatening,’’; and 

24 (2) in subsection (c)(1)(a)— 

25 (A) by striking ‘‘intended solely’’ and in26 serting ‘‘intended— 


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1 ‘‘(i) solely’’; and 

2 (B) by adding at the end the following new 

3 clause: 

4 ‘‘(ii) for anti-terrorism and force protection require5 ments; or’’. 

6 SEC. 804. REPEAL OF PROVISION OF LAW RELATING TO AC7 QUISITION POLICY WHEN DEPARTMENT OF 

8 DEFENSE IS OBTAINING CARRIAGE BY VES9 SEL. 

10 Section 1017 of the John Warner National Defense 

11 Authorization Act for Fiscal Year 2007 (Public Law 109– 

12 364; 120 Stat. 2379) is repealed. 

13 SEC. 805. INVESTMENT THRESHOLD INCREASE FOR CON14 TINGENCY OPERATIONS. 

15 (a) ENHANCED AUTHORITY FOR OVERSEAS CONTIN16 GENCY OPERATIONS.—Funds made available to the De17 partment of Defense for operation and maintenance may 

18 be used to purchase items having an investment unit cost 

19 greater than the amount specified in section 2254a of title 

20 10, United States Code, but not greater than $750,000, 

21 upon determination by the Secretary of Defense that such 

22 action is necessary to meet the operational requirements 

23 of a commander of a combatant command engaged in con24 tingency operations overseas. The authority in the pre25 ceding sentence may not be used in the case of a purchase 


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1 of an item that is centrally managed or an item that is 

2 part of a program of record. 

3 (b) EXPIRATION OF AUTHORITY.—The authority 

4 provided in subsection (a) shall expire on September 30, 

5 2012. 

6 SEC. 806. LIMITED ADDITIONAL AUTHORITY FOR DELEGA7 TION TO MAKE DETERMINATIONS THAT CO8 OPERATIVE RESEARCH AND DEVELOPMENT 

9 PROJECTS WILL IMPROVE CONVENTIONAL 

10 DEFENSE CAPABILITIES. 

11 Section 2350a(b)(2) of title 10, United States Code, 

12 is amended— 

13 (1) by inserting ‘‘, to the Under Secretary of 

14 Defense for Acquisition, Technology, and Logistics,’’ 

15 after ‘‘the Deputy Secretary of Defense’’; and 

16 (2) by inserting ‘‘who is appointed by the Presi17 dent, by and with the advice and consent of the Sen18 ate’’ before the period at the end. 

19 SEC. 807. EXTENSION TO ALL CONTRACTOR EMPLOYEES OF 

20 APPLICABILITY OF THE SENIOR EXECUTIVE 

21 BENCHMARK COMPENSATION AMOUNT FOR 

22 PURPOSES OF ALLOWABLE COST LIMITA23 TIONS UNDER GOVERNMENT CONTRACTS. 

24 (a) ALLOWABLE COSTS UNDER DEFENSE CON25 TRACTS.— 


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1 (1) CERTAIN COMPENSATION NOT ALLOW2 ABLE.—Subsection (e)(1)(P) of section 2324 of title 

3 10, United States Code, is amended by striking 

4 ‘‘senior executives’’ and inserting ‘‘employees’’. 

5 (2) CONFORMING AMENDMENT.—Subsection (l) 

6 of such section is amended by striking paragraph 

7 (5). 

8 (b) ALLOWABLE COSTS UNDER NON-DEFENSE CON9 TRACTS.— 

10 (1) CERTAIN COMPENSATION NOT ALLOW11 ABLE.—Subsection (a)(16) of section 4304 of title 

12 41, United States Code, is amended by striking 

13 ‘‘senior executives’’ and inserting ‘‘employees’’. 

14 (2) CONFORMING AMENDMENT.—Section 4301 

15 of such title is amended by striking paragraph (4). 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section— 

18 (1) shall be implemented in the Federal Acqui19 sition Regulation within 180 days after the date of 

20 the enactment of this Act; and 

21 (2) shall apply with respect to costs of com22 pensation incurred after January 1, 2012, under 

23 covered contracts entered into before, on, or after 

24 the date of the enactment of this Act. 


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1 SEC. 808. TREATMENT OF CRITICAL COST GROWTH IN 

2 MAJOR DEFENSE ACQUISITION PROGRAMS 

3 WHEN COST GROWTH IS PRIMARILY DUE TO 

4 QUANTITY CHANGES. 

5 Section 2433a of title 10, United States Code, is 

6 amended— 

7 (1) in subsection (b)(1), by inserting ‘‘(except 

8 as provided under subsection (e))’’ after ‘‘the Sec9 retary shall’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(e) INAPPLICABILITY IN THE EVENT OF QUANTITY

13 CHANGES.—(1) If after conducting the reassessment re14 quired by subsection (a) with respect to a major defense 

15 acquisition program, the Secretary makes the determina16 tions specified in paragraph (2), then upon submission to 

17 Congress of the statement specified in paragraph (3), the 

18 provisions of subsection (b) shall not apply with respect 

19 to that program by reason of the increase in unit cost that 

20 resulted in the reassessment being conducted. 

21 ‘‘(2) The determinations specified in this para22 graph are the following: 

23 ‘‘(A) A determination by the Secretary, 

24 taking into consideration the results of the root 

25 cause analysis conducted pursuant to paragraph 


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1 (1) of subsection (a) as part of the reassess2 ment— 

3 ‘‘(i) that the increase in unit cost was 

4 due primarily to variation in the quantity 

5 of items to be purchased under the pro6 gram; and 

7 ‘‘(ii) that such variation in quantity 

8 was not made as a result of that increase 

9 in unit cost. 

10 ‘‘(B) A further determination by the Sec11 retary, taking into consideration the results of 

12 the cost assessment conducted pursuant to 

13 paragraph (2) of subsection (a) as part of the 

14 reassessment, that it is in the best interests of 

15 the Government not to terminate the program, 

16 notwithstanding the increase in unit cost. 

17 ‘‘(3) A statement under this paragraph with re18 spect to an increase in unit cost is a written state19 ment submitted by the Secretary to Congress— 

20 ‘‘(A) that is submitted before the end of 

21 the 60-day period beginning on the day the Se22 lected Acquisition Report containing the infor23 mation described in section 2433(g) of this title 

24 relating to that increase in unit cost is required 


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1 to be submitted under section 2432(f) of this 

2 title; and 

3 ‘‘(B) in which the Secretary states— 

4 ‘‘(i) that the increase in unit cost is 

5 primarily attributable to variation in quan6 tity; and 

7 ‘‘(ii) that it is in the best interests of 

8 the Government not to terminate the pro9 gram notwithstanding the increase in unit 

10 cost.’’. 

11 SEC. 809. EXTENSION OF AVAILABILITY OF FUNDS IN THE 

12 DEFENSE ACQUISITION WORKFORCE DEVEL13 OPMENT FUND. 

14 (a) AVAILABILITY.—Section 1705(e)(6) of title 10, 

15 United States Code, is amended by striking ‘‘under sub16 section (d)(2)’’ and inserting ‘‘(whether by credit in ac17 cordance with subsection (d)(2), by transfer pursuant to 

18 subsection (d)(3), by direct appropriation, or by deposit)’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 subsection (a) shall not apply to funds in the Department 

21 of Defense Acquisition Workforce Development Fund as 

22 of the date of the enactment of this Act. 

23 (c) CLARIFYING AMENDMENT.—Such section is fur24 ther amended by striking ‘‘expenditure’’ and inserting 

25 ‘‘obligation’’. 


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1 SEC. 810. AUTHORITY TO DESIGNATE INCREMENTS OR 

2 BLOCKS OF SPACE VEHICLES AS MAJOR SUB3 PROGRAMS. 

4 Section 2430a(a)(1) of title 10, United States Code, 

5 is amended— 

6 (1) by inserting ‘‘(A)’’ before ‘‘If the Secretary 

7 of Defense determines’’; and 

8 (2) by adding at the end the following new sub9 paragraph: 

10 ‘‘(B) If the Secretary of Defense deter11 mines that a major defense acquisition program 

12 to purchase space vehicles requires the delivery 

13 of two or more increments or blocks of space 

14 vehicles, the Secretary may designate each such 

15 increment or block as a major subprogram for 

16 the purposes of acquisition reporting under this 

17 chapter.’’. 

18 SEC. 811. SPECIAL EMERGENCY PROCUREMENT AUTHOR19 ITY. 

20 (a) LIMITED AUTHORITY FOR USE OF OUTSIDE-THE21 UNITED-STATES THRESHOLDS.—Subject to subsection 

22 (b), the Under Secretary of Defense for Acquisition, Tech23 nology, and Logistics may authorize the head of a con24 tracting activity located in the United States, when award25 ing a contract or making a purchase in direct support of 

26 Operation Enduring Freedom or Operation New Dawn, to 


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1 use the overseas increased micro-purchase threshold and 

2 the overseas increased simplified acquisition threshold in 

3 the same manner as if the contract were to be to be award4 ed and performed, or the purchase was to be made, outside 

5 the United States. 

6 (b) LIMITATIONS.— 

7 (1) ONLY ONE CONTRACTING ACTIVITY AT A

8 TIME.—The authority of the Under Secretary under 

9 subsection (a) may be exercised with respect to only 

10 one contracting activity at any time. 

11 (2) NON-DELEGATION.—The authority of the 

12 Under Secretary under subsection (a) may not be 

13 delegated. 

14 (c) DEFINITIONS.—In this section: 

15 (1) OVERSEAS INCREASED MICRO-PURCHASE

16 THRESHOLD.—The term ‘‘overseas increased micro17 purchase threshold’’ means the amount specified in 

18 paragraph (1)(B) of section 1903(b) of title 41, 

19 United States Code. 

20 (2) OVERSEAS INCREASED SIMPLIFIED ACQUISI21 TION THRESHOLD.—The term ‘‘overseas increased 

22 simplified acquisition threshold’’ means the amount 

23 specified in paragraph (2)(B) of section 1903(b) of 

24 title 41, United States Code. 


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1 SEC. 812. REPEAL OR REVISION OF CERTAIN ACQUISITION2 RELATED PROVISIONS ENACTED IN FISCAL 

3 YEAR 2011 NATIONAL DEFENSE AUTHORIZA4 TION ACT. 

5 (a) ENHANCEMENT OF REVIEW OF ACQUISITION

6 PROCESS FOR RAPID FIELDING OF CAPABILITIES IN RE7 SPONSE TO URGENT OPERATIONAL NEEDS.—Subsection 

8 (b)(3) of section 804 of the Ike Skelton National Defense 

9 Authorization Act for Fiscal Year 2011 (Public Law 111– 

10 383; 124 Stat. 4256; 10 U.S.C. 2302 note) is amended— 

11 (1) by inserting ‘‘and’’ at the end of subpara12 graph (B); 

13 (2) by striking ‘‘; and’’ at the end of subpara14 graph (C) and inserting a period; and 

15 (3) by striking subparagraph (D). 

16 (b) REPEAL OF DUPLICATIVE REQUIREMENT FOR

17 SECRETARY OF DEFENSE GUIDANCE CONCERNING MAN18 AGEMENT OF MANUFACTURING RISK IN MAJOR DEFENSE

19 ACQUISITION PROGRAMS.—Section 812 of such Act (Pub20 lic Law 111–383; 124 Stat. 4264; 10 U.S.C. 2430 note) 

21 is repealed. 

22 (c) REPEAL OF DEFENSE RESEARCH AND DEVELOP23 MENT RAPID INNOVATION PROGRAM.—Section 1073 of 

24 such Act (Public Law 111–383; 124 Stat. 4366; 10 U.S.C. 

25 2359a note) is repealed. 


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1 SEC. 813. ACCESS TO CONTRACTOR AND SUBCONTRACTOR 

2 RECORDS FOR CONTRACTS WITH FOREIGN 

3 ENTITIES IN SUPPORT OF CONTINGENCY OP4 ERATIONS IN THE UNITED STATES CENTRAL 

5 COMMAND AREA OF RESPONSIBILITY. 

6 (a) REQUIREMENT.—In the case of any contract or 

7 purchase order to be awarded, or task or delivery order 

8 to be issued, by the Department of Defense for perform9 ance in support of a contingency operation in the United 

10 States Central Command area of responsibility, the con11 tract or purchase order may be awarded, or the task or 

12 delivery order issued, only if— 

13 (1) in the case of contract or purchase order to 

14 be awarded, or task or delivery order to be issued, 

15 to a foreign entity, the foreign entity agrees to pro16 vide access to the Secretary of Defense, acting 

17 through an authorized representative, to examine all 

18 records of such foreign entity relating to the con19 tract or order; and 

20 (2) the entity to be awarded the contract or 

21 purchase order, or to be issued the task or delivery 

22 order, agrees to require that, if any subcontract is 

23 to be awarded to a foreign entity under the contract 

24 or purchase order or the task or delivery order, the 

25 foreign entity must agree to provide access to the 

26 Secretary of Defense, acting through an authorized 


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1 representative, to examine all records of such foreign 

2 entity relating to the subcontract. 

3 (b) COMBATANT COMMANDER WAIVER AUTHOR4 ITY.—The commander of the United States Central Com5 mand may authorize a waiver of subsection (a) in any case 

6 in which the commander determines that such a waiver 

7 is in the best interest of the Government. 

8 SEC. 814. REVISION TO COVERED PROGRAMS SUBJECT TO 

9 CERTIFICATION PURSUANT TO SECTIONS 

10 2366A AND 2366B OF TITLE 10, UNITED STATES 

11 CODE. 

12 (a) REPEAL OF APPLICATION OF CERTIFICATION RE13 QUIREMENT TO ONGOING PROGRAMS.—Section 204 of the 

14 Weapon Systems Acquisition Reform Act of 2009 (Public 

15 Law 111–23; 123 Stat. 1723), is amended by striking sub16 section (c). 

17 (b) KEY DECISION POINT APPROVAL IN CASE OF

18 SPACE PROGRAM.— 

19 (1) CERTIFICATION.—Subsection (a) of section 

20 2366a of title 10, United States Code, is amended— 

21 (A) by striking ‘‘or Key Decision Point A 

22 approval in the case of a space program,’’; and 

23 (B) by striking ‘‘or Key Decision Point B 

24 approval in the case of a space program,’’. 


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1 (2) NOTIFICATION.—Subsection (b) of such sec2 tion is amended— 

3 (A) in paragraph (1), by striking ‘‘(or Key 

4 Decision Point A approval in the case of a 

5 space program)’’; and 

6 (B) in paragraph (2)(C)(ii), by striking 

7 ‘‘or Key Decision Point A approval in the case 

8 of a space program,’’; 

9 (3) CONFORMING AMENDMENT.—The heading 

10 of such section is amended by striking ‘‘or Key Deci11 sion Point A’’. 

12 (4) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 139 of such title 

14 is amended by striking the item related to section 

15 2366a and inserting the following new item: 

‘‘2366a. Major defense acquisition programs: certification required before Milestone A approval.’’. 

16 SEC. 815. FIVE-YEAR EXTENSION OF DEPARTMENT OF DE17 FENSE MENTOR-PROTEGE PILOT PROGRAM. 

18 (a) EXTENSION OF PROGRAM.—Subsection (j) of sec19 tion 831 of the National Defense Authorization Act for 

20 Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 

21 note) is amended— 

22 (1) in paragraph (1), by striking ‘‘September 

23 30, 2010’’ and inserting ‘‘September 30, 2015’’; and 


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1 (2) in paragraph (2), by striking ‘‘September 

2 30, 2013’’ and inserting ‘‘September 30, 2018’’. 

3 (b) EXTENSION OF REQUIREMENT FOR ANNUAL RE4 PORT.—Subsection (l)(3) of such section is amended by 

5 striking ‘‘2010’’ and inserting ‘‘2015’’. 

6 SEC. 816. RESTRICTION ON CONTRACTING AND VOIDING 

7 CONTRACTS AND SUBCONTRACTS IN SUP8 PORT OF CONTINGENCY OPERATIONS IN THE 

9 UNITED STATES CENTRAL COMMAND THE10 ATER OF OPERATIONS. 

11 (a) During a contingency operation, the Secretary of 

12 Defense, through the commander of a combatant com13 mand, may determine, based upon credible evidence, that 

14 a foreign entity or individual is supporting an insurgency 

15 or otherwise opposing United States or coalition forces. 

16 The commander of the combatant command shall notify 

17 the responsible head of the contracting activity in writing 

18 of all such adverse entity determinations. 

19 (b) Upon notification from the commander of a com20 batant command of an adverse entity determination made 

21 pursuant to subsection (a), the head of the contracting 

22 activity shall review all contracts and subcontracts issued 

23 under the authority of that contracting activity to deter24 mine whether any such adverse entity is currently per25 forming under contract or subcontract with the conVerDate Mar 15 2010 04:39 May 25, 2011 Jkt 099200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\S981.IS S981

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1 tracting activity. The head of the contracting activity shall 

2 notify the commander if any adverse entity is performing 

3 under a contract or subcontract. 

4 (c) With respect to any contract or subcontract iden5 tified pursuant to subsection (b), the head of the con6 tracting activity may void any such contract or direct the 

7 prime contractor to void any such subcontract in accord8 ance with applicable regulations prescribed pursuant to 

9 this section. 

10 TITLE IX—DEPARTMENT OF DE11 FENSE ORGANIZATION AND 

12 MANAGEMENT 

13 Subtitle A—Intelligence-Related 

14 Matters 

15 SEC. 901. APPROPRIATIONS FOR DEFENSE INTELLIGENCE 

16 ELEMENTS. 

17 (a) IN GENERAL.—Chapter 21 of title 10, United 

18 States Code, is amended by inserting after section 428 the 

19 following new section: 

20 ‘‘§ 429. Appropriations for Defense intelligence ele21 ments 

22 ‘‘(a) ACCOUNTS FOR APPROPRIATIONS FOR DEFENSE

23 INTELLIGENCE ELEMENTS.—Notwithstanding any other 

24 provision of law and in addition to any other transfer au25 thority available to the Department of Defense, the SecVerDate Mar 15 2010 04:39 May 25, 2011 Jkt 099200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\S981.IS S981

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1 retary of Defense may transfer appropriations of the De2 partment of Defense which are available to the Depart3 ment of Defense for intelligence, intelligence-related activi4 ties and communications, to an account or accounts estab5 lished by the Secretary of the Treasury for receipt of such 

6 transfers. Such an account or accounts may also receive 

7 transfers from the Director of National Intelligence, and 

8 transfers and reimbursements arising from transactions, 

9 as authorized by law, between the Defense intelligence ele10 ments and other entities. Appropriation balances in such 

11 an account or accounts may be transferred back to the 

12 account or accounts from which they originated as appro13 priation refunds. 

14 ‘‘(b) AVAILABILITY OF APPROPRIATIONS.—Appro15 priations transferred pursuant to subsection (a) shall re16 main available for the same time period, and shall be avail17 able for the same purposes, as the appropriations from 

18 which they were transferred. 

19 ‘‘(c) DEFENSE INTELLIGENCE ELEMENTS DE20 FINED.—In this section, the term ‘Defense intelligence 

21 elements’ means the Department of Defense agencies, of22 fices, and elements included within the definition of ‘intel23 ligence community’ under section 3(4) of the National Se24 curity Act of 1947 (50 U.S.C. 401a(4)).’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of subchapter I of such chapter is amend3 ed by adding at the end the following new item: 

‘‘429. Appropriations for Defense intelligence elements.’’. 

4 SEC. 902. AUTHORITY TO CREDIT MILITARY GRADUATES OF 

5 THE NATIONAL DEFENSE INTELLIGENCE 

6 COLLEGE WITH COMPLETION OF JOINT PRO7 FESSIONAL MILITARY EDUCATION PHASE I. 

8 (a) JOINT PROFESSIONAL MILITARY EDUCATION

9 PHASE I.—Section 2154(a)(1) of title 10, United States 

10 Code, is amended by inserting ‘‘or at a joint intermediate 

11 level school’’ before the period at the end. 

12 (b) JOINT INTERMEDIATE LEVEL SCHOOL DE13 FINED.—Section 2151(b) of such title is amended by add14 ing at the end the following new paragraph: 

15 ‘‘(3) The term ‘joint intermediate level school’ 

16 includes the National Defense Intelligence College.’’. 

17 SEC. 903. BROADENING OF AUTHORITY FOR EXCHANGES 

18 OF MAPPING, CHARTING, AND GEODETIC 

19 DATA TO INCLUDE NONGOVERNMENTAL OR20 GANIZATIONS AND ACADEMIC INSTITUTIONS. 

21 (a) BROADENING OF AUTHORITY.—Section 454 of 

22 title 10, United States Code, is amended— 

23 (1) by inserting ‘‘(a) FOREIGN COUNTRIES AND

24 INTERNATIONAL ORGANIZATIONS.—’’ before ‘‘The 

25 Secretary of Defense’’; and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(b) NONGOVERNMENTAL ORGANIZATIONS AND ACA4 DEMIC INSTITUTIONS.—The Secretary may authorize the 

5 National Geospatial-Intelligence Agency to exchange or 

6 furnish mapping, charting, and geodetic data, supplies and 

7 services relating to areas outside of the United States to 

8 a nongovernmental organization or an academic institu9 tion engaged in geospatial information research or produc10 tion of such areas pursuant to an agreement for the pro11 duction or exchange of such data.’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) SECTION HEADING.—The heading of such 

14 section is amended to read as follows: 

15 ‘‘§ 454. Exchange of mapping, charting, and geodetic 

16 data with foreign countries, international 

17 organizations, nongovernmental organi18 zations, and academic institutions’’. 

19 (2) TABLE OF SECTIONS.—The item relating to 

20 such section in the table of sections at the beginning 

21 of subchapter II of chapter 22 of such title is 

22 amended to read as follows: 

‘‘454. Exchange of mapping, charting, and geodetic data with foreign countries, 

international organizations, nongovernmental organizations, 

and academic institutions.’’ 


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1 SEC. 904. FACILITIES FOR INTELLIGENCE COLLECTION OR 

2 SPECIAL OPERATIONS ACTIVITIES ABROAD. 

3 Section 2682 of title 10, United States Code, is 

4 amended— 

5 (1) by inserting ‘‘(a) MAINTENANCE AND RE6 PAIR.—’’ before ‘‘The maintenance and repair’’; 

7 (2) by designating the second sentence as sub8 section (b) and, as so designated, by inserting ‘‘JU9 RISDICTION.—’’ before ‘‘A real property facility’’; 

10 and 

11 (3) by adding at the end the following new sub12 section: 

13 ‘‘(c) FACILITIES FOR INTELLIGENCE COLLECTION

14 OR FOR SPECIAL OPERATIONS ABROAD.—The Secretary 

15 of Defense may maintain and repair, and may exercise ju16 risdiction over, a real property facility if necessary to pro17 vide security for authorized intelligence collection or spe18 cial operations activities abroad undertaken by the De19 partment of Defense.’’. 

20 Subtitle B—Space Activities 

21 SEC. 911. REVISIONS TO POLICY ON DEVELOPMENT AND 

22 PROCUREMENT OF UNMANNED SYSTEMS. 

23 (a) REVISION TO REQUIRED POLICY.—Subsection (a) 

24 of section 941 of the John Warner National Defense Au25 thorization Act for Fiscal Year 2007 (Public Law 109– 

26 364; 120 Stat. 2083) is amended— 


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1 (1) by striking ‘‘on’’ and inserting ‘‘for the con2 duct of’’; 

3 (2) by striking ‘‘procurement, and operation’’ 

4 and inserting ‘‘and for the conduct of procure5 ment,’’; 

6 (3) by inserting ‘‘manned and’’ before ‘‘un7 manned systems’’; and 

8 (4) by inserting ‘‘in a manner that is fiscally re9 sponsible and enhances warfighter capability’’ before 

10 the period at the end. 

11 (b) MODIFICATION TO ELEMENTS OF POLICY.—Sub12 section (b) of such section is amended— 

13 (1) by striking paragraphs (1) and (2) and in14 serting the following new paragraphs: 

15 ‘‘(1) An identification of those Department of 

16 Defense capabilities for which manned and un17 manned systems may address potential needs. 

18 ‘‘(2) A thorough and objective consideration of 

19 the acquisition of manned and unmanned systems 

20 whenever a new system is to be acquired to meet a 

21 capability requirement.’’; 

22 (2) in paragraph (5), by striking ‘‘, including’’ 

23 and all that follows through ‘‘on unmanned sys24 tems’’; and 


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1 (3) in paragraph (6), by striking ‘‘missions’’ 

2 and inserting ‘‘capabilities’’. 

3 (c) ROADMAP.—Such section is further amended— 

4 (1) by striking subsection (d); 

5 (2) by redesignating subsection (c) as sub6 section (d); 

7 (3) by inserting after subsection (b) the fol8 lowing new subsection (c): 

9 ‘‘(c) ROADMAP.—The Secretary of Defense shall pre10 pare and update periodically a roadmap for the policy re11 quired by subsection (a) that includes— 

12 ‘‘(1) goals for the development of unmanned 

13 system technologies to address capabilities identified 

14 pursuant to subsection (b)(1); and 

15 ‘‘(2) plans to address technical, operational, 

16 and production challenges, and gaps in capabilities, 

17 with respect to unmanned systems.’’; and 

18 (4) in subsection (d), as redesignated by para19 graph (2), by inserting ‘‘, and implement the road20 map required by subsection (c),’’ after ‘‘subsection 

21 (a)’’. 

22 (d) CONFORMING AMENDMENT.—The heading of 

23 such section is amended by inserting ‘‘MANNED AND’’ be24 fore ‘‘UNMANNED’’. 


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1 SEC. 912. COMMERCIAL SPACE LAUNCH COOPERATION. 

2 (a) COMMERCIAL SPACE LAUNCH COOPERATION AU3 THORITY.—Chapter 135 of title 10, United States Code, 

4 is amended by adding at the end the following new section: 

5 ‘‘§ 2275. Commercial space launch cooperation 

6 ‘‘(a) AUTHORITY.—The Secretary of Defense and the 

7 Administrator of the National Aeronautics and Space Ad8 ministration may, to assist the Secretary of Transpor9 tation in carrying out responsibilities set forth in titles 49 

10 and 51 with respect to private sector involvement in com11 mercial space transportation activity and public-private 

12 partnerships pertaining to space transportation infrastruc13 ture, take such actions as each considers to be in the best 

14 interest of the Government to— 

15 ‘‘(1) maximize the use of the capacity of De16 partment of Defense or National Aeronautics and 

17 Space Administration space transportation infra18 structure by the United States private sector; 

19 ‘‘(2) maximize the effectiveness and efficiency 

20 of Department of Defense or National Aeronautics 

21 and Space Administration space transportation in22 frastructure; 

23 ‘‘(3) reduce the cost of services provided by the 

24 Department of Defense or National Aeronautics and 

25 Space Administration at launch support facilities 

26 and space recovery support facilities; 


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1 ‘‘(4) encourage commercial space activities by 

2 enabling investment in Department of Defense or 

3 National Aeronautics and Space Administration 

4 space transportation infrastructure by United States 

5 non-federal entities; and 

6 ‘‘(5) foster cooperation between the Department 

7 of Defense or the National Aeronautics and Space 

8 Administration and United States non-federal space 

9 transportation entities. 

10 ‘‘(b) CONTRIBUTIONS.—The Secretary of Defense 

11 and the Administrator of the National Aeronautics and 

12 Space Administration may each enter into agreements 

13 with United States non-federal entities on a cooperative 

14 and voluntary basis to accept contributions of funds, prop15 erty, and services to carry out this section. Any funds, 

16 property, or services accepted under this subsection shall 

17 be used only for the objectives specified in this section in 

18 accordance with terms of use to be determined by agree19 ment between the contributor and the Secretary or Admin20 istrator, and shall be managed by the Secretary or Admin21 istrator in accordance with, respectively, Department of 

22 Defense and National Aeronautics and Space Administra23 tion regulations. Any such agreement shall address terms 

24 of use, ownership, and disposition of resources, as well as 


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1 possible benefits accruing to non-federal entities that are 

2 not a party to the agreement. 

3 ‘‘(c) INCLUSION OF COMMERCIAL REQUIREMENTS IN

4 CONTRACTS.—The Secretary of Defense and the Adminis5 trator of the National Aeronautics and Space Administra6 tion may each include, upon request by a United States 

7 commercial launch entity, commercial space launch and 

8 support requirements in Department of Defense or Na9 tional Aeronautics and Space promise Administration 

10 space launch and reentry range support requirements if— 

11 ‘‘(1) the Secretary or the Administrator, as the 

12 case may be, determines that the inclusion of such 

13 commercial space launch and support require14 ments— 

15 ‘‘(A) is in the best interest of the Govern16 ment; 

17 ‘‘(B) does not interfere with the require18 ments of, respectively, the Department of De19 fense or the National Aeronautics and Space 

20 Administration; and 

21 ‘‘(C) does not compete with the commercial 

22 space activities of United States commercial 

23 space entities unless otherwise in furtherance of 

24 national security; and 


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1 ‘‘(2) any commercial requirement included in a 

2 Department of Defense or National Aeronautics and 

3 Space Administration contract has full non-federal 

4 funding before the execution of such contract. 

5 ‘‘(d) DEFENSE COOPERATION SPACE LAUNCH AC6 COUNT.— 

7 ‘‘(1) ESTABLISHMENT.—There is established in 

8 the Treasury of the United States a special account 

9 to be known as the ‘Defense Cooperation Space 

10 Launch Account’. 

11 ‘‘(2) CREDITING OF FUNDS.—Funds received 

12 by the Secretary of Defense under subsection (b) 

13 shall be credited to the Defense Cooperation Space 

14 Launch Account and shall be available until ex15 pended without further authorization or appropria16 tion only for the objectives specified in this section. 

17 ‘‘(3) INVESTMENT OF FUNDS.—The Secretary 

18 of Defense may request the Secretary of the Treas19 ury to invest such portion of the Defense Coopera20 tion Space Launch Account that is not, in the judg21 ment of the Secretary of Defense, required to meet 

22 the current needs of the account. Such investments 

23 shall be made by the Secretary of the Treasury in 

24 public debt obligations, with maturities suitable to 

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1 retary of Defense, and bearing interest at rates de2 termined by the Secretary of the Treasury, taking 

3 into consideration current market yields on out4 standing marketable obligations of the United States 

5 of comparative maturities. 

6 ‘‘(4) ANNUAL REPORT.—Not later than Janu7 ary 31 of each year, the Secretary of Defense shall 

8 submit to the congressional defense committees a re9 port on the funds accepted and expended by the Sec10 retary under this section during the previous fiscal 

11 year. 

12 ‘‘(e) DEFINITIONS.—In this section: 

13 ‘‘(1) LAUNCH SUPPORT FACILITIES.—The term 

14 ‘launch support facilities’ has the meaning given 

15 that term in section 50501(7) of title 51. 

16 ‘‘(2) SPACE RECOVERY SUPPORT FACILITIES.— 

17 The term ‘space recovery support facilities’ has the 

18 meaning given that term in section 50501(11) of 

19 title 51. 

20 ‘‘(3) SPACE TRANSPORTATION INFRASTRUC21 TURE.—The term ‘space transportation infrastruc22 ture’ has the meaning given that term in section 

23 50501(12) of title 51.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item: 

‘‘2275. Commercial space launch cooperation.’’. 

4 (c) REGULATIONS.—The Secretary of Defense shall 

5 prescribe regulations relating to the activities of the De6 partment of Defense under section 2275 of title 10, 

7 United States Code, as added by subsection (a). 

8 TITLE X—GENERAL PROVISIONS 

9 SEC. 1001. REPEAL OF REQUIREMENT FOR ANNUAL JOINT 

10 REPORT FROM OFFICE OF MANAGEMENT 

11 AND BUDGET AND CONGRESSIONAL BUDGET 

12 OFFICE ON SCORING OF OUTLAYS IN DE13 FENSE BUDGET FUNCTION. 

14 (a) REPEAL.—Section 226 of title 10, United States 

15 Code, is repealed. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of chapter 9 of such title is amended by 

18 striking the item relating to section 226. 

19 SEC. 1002. REVISION TO CONDITIONS ON STATUS OF RE20 TIRED AIRCRAFT CARRIER EX-JOHN F. KEN21 NEDY. 

22 Section 1011(c)(2) of the John Warner National De23 fense Authorization Act for Fiscal Year 2007 (Public Law 

24 109–364; 120 Stat. 2374) is amended by striking ‘‘shall 

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1 standing paragraph (1), demilitarize the vessel in prepara2 tion for the transfer.’’. 

3 SEC. 1003. AUTHORITY TO PROVIDE INFORMATION FOR 

4 MARITIME SAFETY OF FORCES AND HYDRO5 GRAPHIC SUPPORT. 

6 (a) AUTHORITY.—Part IV of subtitle C of title 10, 

7 United States Code, is amended by adding at the end the 

8 following new chapter: 

9 ‘‘CHAPTER 669—MARITIME SAFETY OF 

10 FORCES 

‘‘Sec. 

‘‘7921. Safety and effectiveness information; hydrographic information. 

11 ‘‘§ 7921. Safety and effectiveness information; hydro12 graphic information 

13 ‘‘(a) SAFETY AND EFFECTIVENESS INFORMATION.— 

14 (1) The Secretary of the Navy shall maximize the safety 

15 and effectiveness of all maritime vessels, aircraft, and 

16 forces of the armed forces by means of— 

17 ‘‘(A) marine data collection; 

18 ‘‘(B) numerical weather and ocean prediction; 

19 and 

20 ‘‘(C) forecasting of hazardous weather and 

21 ocean conditions. 

22 ‘‘(2) The Secretary may extend similar support to 

23 forces of the North Atlantic Treaty Organization, and to 

24 coalition forces, that are operating with the armed forces. 


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1 ‘‘(b) HYDROGRAPHIC INFORMATION.—The Secretary 

2 of the Navy shall collect, process, and provide to the Direc3 tor of the National Geospatial-Intelligence Agency hydro4 graphic information to support preparation of maps, 

5 charts, books, and geodetic products by that Agency.’’. 

6 (b) CLERICAL AMENDMENT.—The table of chapters 

7 at the beginning of subtitle C of such title, and the table 

8 of chapters at the beginning of part IV of such subtitle, 

9 are each amended by inserting after the item relating to 

10 chapter 667 the following new item: 

‘‘669. Maritime Safety of Forces ................................................... 7921’’. 

11 SEC. 1004. DEPOSIT OF REIMBURSED FUNDS UNDER RECIP12 ROCAL FIRE PROTECTION AGREEMENTS. 

13 Section 5(b) of the Act of May 27, 1955 (42 U.S.C. 

14 1856d(b)) is amended to read as follows: 

15 ‘‘(b) Notwithstanding subsection (a), all sums re16 ceived as reimbursement for costs incurred by any Depart17 ment of Defense activity for fire protection rendered pur18 suant to this Act shall be credited to the same appropria19 tion or fund from which the expenses were paid or, if the 

20 period of availability for obligation for that appropriation 

21 has expired, to the appropriation or fund that is currently 

22 available to the activity for the same purpose. Amounts 

23 so credited shall be subject to the same provisions and re24 strictions as the appropriation or account to which cred25 ited.’’. 


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1 SEC. 1005. REPEAL OF STRATEGIC AIRLIFT AIRCRAFT IN2 VENTORY REQUIREMENT. 

3 (a) REPEAL.—Section 8062 of title 10, United States 

4 Code, is amended by striking subsection (g). 

5 (b) CONFORMING AMENDMENTS.—Subsection (d)(3) 

6 of section 137 of the National Defense Authorization Act 

7 for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

8 2221) is amended— 

9 (1) By striking ‘‘that—’’ and all that follows 

10 through ‘‘(A) the retirement’’ and inserting ‘‘that 

11 the retirement’’; 

12 (2) by striking ‘‘Strategy; and’’ and inserting 

13 ‘‘Strategy.’’; and 

14 (3) by striking subparagraph (B). 

15 SEC. 1006. CHANGE IN NAME OF THE INDUSTRIAL COLLEGE 

16 OF THE ARMED FORCES TO THE DWIGHT D. 

17 EISENHOWER SCHOOL FOR NATIONAL SECU18 RITY AND RESOURCE STRATEGY AT THE NA19 TIONAL DEFENSE UNIVERSITY. 

20 (a) CHANGE IN NAME.—The Industrial College of the 

21 Armed Forces is hereby renamed the ‘‘Dwight D. Eisen22 hower School for National Security and Resource Strat23 egy’’. 

24 (b) CONFORMING AMENDMENT.—Section 2165(b)(2) 

25 of title 10, United States Code, is amended by striking 

26 ‘‘Industrial College of the Armed Forces’’ and inserting 


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1 ‘‘Dwight D. Eisenhower School for National Security and 

2 Resource Strategy’’. 

3 (c) REFERENCES.—Any reference to the Industrial 

4 College of the Armed Forces in any law, regulation, map, 

5 document, record, or other paper of the United States 

6 shall be considered to be a reference to the Dwight D. 

7 Eisenhower School for National Security and Resource 

8 Strategy. 

9 SEC. 1007. ESTABLISHMENT OF THE JOINT URGENT OPER10 ATIONAL NEEDS FUND TO RAPIDLY MEET UR11 GENT OPERATIONAL NEEDS. 

12 (a) ESTABLISHMENT OF FUND.— 

13 (1) NEW TRANSFER ACCOUNT.—Chapter 131 of 

14 title 10, United States Code, is amended by insert15 ing after section 2216 the following new section: 

16 ‘‘§ 2216a. Rapidly meeting urgent needs: Joint Urgent 

17 Operational Needs Fund 

18 ‘‘(a) ESTABLISHMENT.—There is established in the 

19 Treasury an account to be known as the ‘Joint Urgent 

20 Operational Needs Fund’. 

21 ‘‘(b) USE OF FUNDS.—Funds in the Joint Urgent 

22 Operational Needs Fund shall be available to the Sec23 retary of Defense for the purpose of providing equipment, 

24 supplies, services, training, and facilities to facilitate the 


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1 resolution of urgent operational needs as determined by 

2 the Secretary. 

3 ‘‘(c) TRANSFER AUTHORITY.— 

4 ‘‘(1) TRANSFERS AUTHORIZED.—Amounts in 

5 the Joint Urgent Operational Needs Fund may be 

6 transferred by the Secretary of Defense from the 

7 Joint Urgent Operational Needs Fund to any of the 

8 following accounts and funds of the Department of 

9 Defense to accomplish the purpose stated in sub10 section (b): 

11 ‘‘(A) Operation and maintenance accounts. 

12 ‘‘(B) Procurement accounts. 

13 ‘‘(C) Research, development, test, and eval14 uation accounts. 

15 ‘‘(2) ADDITIONAL AUTHORITY.—The transfer 

16 authority provided by paragraph (1) is in addition to 

17 any other transfer authority available to the Depart18 ment of Defense. 

19 ‘‘(3) TRANSFERS BACK TO THE FUND.—Upon 

20 determination by the Secretary of Defense that all 

21 or part of the funds transferred from the Joint Ur22 gent Operational Needs Fund under paragraph (1) 

23 are not necessary for the purpose for which trans24 ferred, such funds may be transferred back to the 

25 Joint Urgent Operational Needs Fund. 


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1 ‘‘(4) EFFECT ON AUTHORIZATION AMOUNTS.— 

2 A transfer of an amount to an account under the 

3 authority in paragraph (1) shall be deemed to in4 crease the amount authorized for such account by an 

5 amount equal to the amount transferred.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of such chapter is amended 

8 by inserting after the item relating to section 2216 

9 the following new item: 

‘‘2216a. Rapidly meeting urgent needs: Joint Urgent Operational Needs Fund.’’. 

10 (b) COMMENCEMENT OF FUND.—No funds may be 

11 appropriated for the Joint Urgent Operational Needs 

12 Fund established under section 2216a of title 10, United 

13 States Code, as added by subsection (a), for a fiscal year 

14 before fiscal year 2012. 

15 (c) FISCAL YEAR 2012 AUTHORIZATION.—Funds are 

16 hereby authorized to be appropriated for fiscal year 2012 

17 for the Joint Urgent Operational Needs Fund established 

18 under section 2216a of title 10, United States Code, as 

19 added by subsection (a), in the amount of $200,000,000. 

20 SEC. 1008. RATEMAKING PROCEDURES FOR CIVIL RESERVE 

21 AIR FLEET CONTRACTS. 

22 (a) IN GENERAL.—Chapter 931 of title 10, United 

23 States Code, is amended by inserting after section 9511 

24 the following new section: 


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1 ‘‘§ 9511a. Civil Reserve Air Fleet contracts: payment 

2 rate 

3 ‘‘(a) AUTHORITY.—The Secretary of Defense shall 

4 determine a fair and reasonable rate of payment for airlift 

5 services provided to the Department of Defense by air car6 riers who are participants in the Civil Reserve Air Fleet 

7 program. Such rate of payment shall be determined in ac8 cordance with— 

9 ‘‘(1) the methodology and ratemaking proce10 dures in effect on the date of the enactment of this 

11 section; and 

12 ‘‘(2) such other procedures as the Secretary 

13 may prescribe by regulation. 

14 ‘‘(b) REGULATIONS.—The Secretary of Defense shall 

15 prescribe regulations for purposes of subsection (a). Such 

16 regulations shall include a process for modifying the rate17 making methodology referred to in paragraph (1) of that 

18 subsection. The Secretary may exclude from the applica19 bility of those regulations any airlift services contract 

20 made through the use of competitive procedures. 

21 ‘‘(c) COMMITMENT OF AIRCRAFT AS A BUSINESS

22 FACTOR.—The Secretary may, in determining the quan23 tity of business to be received under an airlift services con24 tract for which the rate of payment is determined in ac25 cordance with subsection (a), use as a factor the relative 


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1 amount of airlift capability committed by each air carrier 

2 to the Civil Reserve Air Fleet. 

3 ‘‘(d) INAPPLICABLE PROVISIONS OF LAW.—An airlift 

4 services contract for which the rate of payment is deter5 mined in accordance with subsection (a) shall not be sub6 ject to the provisions of section 2306a of this title or to 

7 the provisions of subsections (a) and (b) of section 1502 

8 of title 41.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such chapter is amended by inserting 

11 after the item relating to section 9511 the following new 

12 item: 

‘‘9511a. Civil Reserve Air Fleet contracts: payment rate.’’ 

13 (c) INITIAL REGULATIONS.—Regulations shall be 

14 prescribed under section 9511a(b) of title 10, United 

15 States Code, as added by subsection (a), not later than 

16 180 days after the date of the enactment of this Act. 

17 SEC. 1009. TWO-YEAR EXTENSION OF AUTHORITY TO SUP18 PORT UNIFIED COUNTER-DRUG AND 

19 COUNTERTERRORISM CAMPAIGN IN COLOM20 BIA AND OF NUMERICAL LIMITATION ON AS21 SIGNMENT OF UNITED STATES PERSONNEL 

22 IN COLOMBIA. 

23 Section 1021 of the Ronald W. Reagan National De24 fense Authorization Act for Fiscal Year 2005 (Public Law 

25 108–375; 118 Stat. 2042), as most recently amended by 


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1 section 1011 of the Ike Skelton National Defense Author2 ization Act for Fiscal Year 2011 (Public Law 111–343; 

3 124 Stat. 4346), is further amended— 

4 (1) in subsection (a)(1), by striking ‘‘2011’’ and 

5 inserting ‘‘2013’’; and 

6 (2) in subsection (c), by striking ‘‘2010’’ and 

7 inserting ‘‘2013’’. 

8 SEC. 1010. TWO-YEAR EXTENSION OF AUTHORITY FOR 

9 JOINT TASK FORCES TO PROVIDE SUPPORT 

10 TO LAW ENFORCEMENT AGENCIES CON11 DUCTING COUNTER–TERRORISM ACTIVITIES. 

12 Section 1022(b) of the National Defense Authoriza13 tion Act for Fiscal Year 2004 (Public Law 108–136; 10 

14 U.S.C. 371 note), as most recently amended by section 

15 1012(a) of the Ike Skelton National Defense Authoriza16 tion Act for Fiscal Year 2011 (Public Law 111–383; 124 

17 Stat. 4346), is further amended by striking ‘‘2011’’ and 

18 inserting ‘‘2013’’. 

19 SEC. 1011. CLARIFICATION OF JURISDICTION OF THE 

20 UNITED STATES DISTRICT COURTS TO HEAR 

21 BID PROTEST DISPUTES INVOLVING MARI22 TIME CONTRACTS. 

23 (a) EXCLUSIVE JURISDICTION.—Section 1491(b) of 

24 title 28, United States Code, is amended by adding at the 

25 end the following new paragraph: 


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1 ‘‘(6) Jurisdiction over any action described in 

2 paragraph (1) arising out of a maritime contract, or 

3 a solicitation for a proposed maritime contract, shall 

4 be governed by this section and shall not be subject 

5 to the jurisdiction of the district courts of the 

6 United States under the Suits in Admiralty Act 

7 (chapter 309 of title 46) or the Public Vessels Act 

8 (chapter 311 of title 46).’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) shall apply to any cause of action filed on 

11 or after the first day of the first month beginning more 

12 than 30 days after the date of the enactment of this Act. 

13 SEC. 1012. MANAGEMENT OF DEPARTMENT OF DEFENSE IN14 STALLATIONS. 

15 (a) SECRETARY OF DEFENSE AUTHORITY.—Chapter 

16 159 of title 10, United States Code, is amended by insert17 ing after section 2671 the following new section: 

18 ‘‘§ 2672. Protection of property 

19 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

20 protect the buildings, grounds, and property that are 

21 under the jurisdiction, custody, or control of the Depart22 ment of Defense and the persons on that property. 

23 ‘‘(b) OFFICERS AND AGENTS.— 

24 ‘‘(1) DESIGNATION.—The Secretary may des25 ignate military or civilian personnel of the DepartVerDate Mar 15 2010 04:39 May 25, 2011 Jkt 099200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\S981.IS S981

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1 ment of Defense as officers and agents to perform 

2 the functions of the Secretary under subsection (a), 

3 including, with regard to civilian officers and agents, 

4 duty in areas outside the property specified in that 

5 subsection to the extent necessary to protect that 

6 property and persons on that property. 

7 ‘‘(2) POWERS.—Subject to subsection (f), while 

8 engaged in the performance of official duties pursu9 ant to this section, an officer or agent designated 

10 under this subsection may— 

11 ‘‘(A) enforce Federal laws and regulations 

12 for the protection of persons and property; 

13 ‘‘(B) carry firearms; 

14 ‘‘(C) make arrests— 

15 ‘‘(i) without a warrant for any offense 

16 against the United States committed in the 

17 presence of the officer or agent; or 

18 ‘‘(ii) for any felony cognizable under 

19 the laws of the United States if the officer 

20 or agent has reasonable grounds to believe 

21 that the person to be arrested has com22 mitted or is committing a felony; 

23 ‘‘(D) serve warrants and subpoenas issued 

24 under the authority of the United States; and 


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1 ‘‘(E) conduct investigations, on and off the 

2 property in question, of offenses that may have 

3 been committed against property under the ju4 risdiction, custody, or control of the Depart5 ment of Defense or persons on such property. 

6 ‘‘(c) REGULATIONS.— 

7 ‘‘(1) IN GENERAL.—The Secretary may pre8 scribe regulations, including traffic regulations, nec9 essary for the protection and administration of prop10 erty under the jurisdiction, custody, or control of the 

11 Department of Defense and persons on that prop12 erty. The regulations may include reasonable pen13 alties, within the limits prescribed in paragraph (2), 

14 for violations of the regulations. The regulations 

15 shall be posted and remain posted in a conspicuous 

16 place on the property to which they apply. 

17 ‘‘(2) PENALTIES.—A person violating a regula18 tion prescribed under this subsection shall be fined 

19 under title 18, imprisoned for not more than 30 

20 days, or both. 

21 ‘‘(d) FACILITIES AND SERVICES OF OTHER AGEN22 CIES.—In implementing this section, when the Secretary 

23 determines it to be economical and in the public interest, 

24 the Secretary may utilize the facilities and services of Fed25 eral, State, tribal, and local law enforcement agencies, 


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1 with the consent of those agencies, and may reimburse 

2 those agencies for the use of their facilities and services. 

3 ‘‘(e) AUTHORITY OUTSIDE FEDERAL PROPERTY.— 

4 For the protection of property under the jurisdiction, cus5 tody, or control of the Department of Defense and persons 

6 on that property, the Secretary may enter into agreements 

7 with Federal agencies and with State, tribal, and local 

8 governments to obtain authority for civilian officers and 

9 agents designated under this section to enforce Federal 

10 laws and State, tribal, and local laws concurrently with 

11 other Federal law enforcement officers and with State, 

12 tribal, and local law enforcement officers. 

13 ‘‘(f) ATTORNEY GENERAL APPROVAL.—The powers 

14 granted pursuant to subsection (b)(2) to officers and 

15 agents designated under subsection (b)(1) shall be exer16 cised in accordance with guidelines approved by the Attor17 ney General. 

18 ‘‘(g) LIMITATION ON STATUTORY CONSTRUCTION.— 

19 Nothing in this section shall be construed to— 

20 ‘‘(1) preclude or limit the authority of any Fed21 eral law enforcement agency; 

22 ‘‘(2) restrict the authority of the Secretary of 

23 Homeland Security or of the Administrator of Gen24 eral Services to promulgate regulations affecting 


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1 property under the custody and control of that Sec2 retary or the Administrator, respectively; 

3 ‘‘(3) expand or limit section 21 of the Internal 

4 Security Act of 1950 (50 U.S.C. 797); 

5 ‘‘(4) affect chapter 47 of this title; or 

6 ‘‘(5) restrict any other authority of the Sec7 retary of Defense or the Secretary of a military de8 partment.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such chapter is amended by inserting 

11 after the item relating to section 2671 the following new 

12 item: 

‘‘2672. Protection of property.’’. 

13 SEC. 1013. AUTHORITY FOR USE OF AMOUNTS RECOVERED 

14 FOR DAMAGE TO GOVERNMENT PROPERTY. 

15 (a) EXTENSION TO PERSONAL PROPERTY.—The first 

16 sentence of section 2782 of title 10, United States Code, 

17 is amended by striking ‘‘real property’’ both places it ap18 pears and inserting ‘‘Government property’’. 

19 (b) AVAILABILITY OF RECOVERED FUNDS.—The sec20 ond sentence of such section is amended— 

21 (1) by striking ‘‘In such amounts as are pro22 vided in advance in appropriation Acts, amounts’’ 

23 and inserting ‘‘Amounts’’; 

24 (2) by inserting ‘‘merged with, and’’ before 

25 ‘‘available for use’’; 


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1 (3) by inserting ‘‘and for the same period’’ 

2 after ‘‘same purposes’’; and 

3 (4) by inserting a comma after ‘‘circumstances 

4 as’’. 

5 (c) CLERICAL AMENDMENTS.— 

6 (1) SECTION HEADING.—The heading of such 

7 section is amended by striking ‘‘real’’ and inserting 

8 ‘‘Government’’. 

9 (2) TABLE OF SECTIONS.—The item relating to 

10 such section in the table of sections at the beginning 

11 of chapter 165 of such title is amended to read as 

12 follows: 

‘‘2782. Damage to Government property; disposition of amounts recovered.’’. 

13 SEC. 1014. TREATMENT UNDER FREEDOM OF INFORMA14 TION ACT OF CERTAIN DEPARTMENT OF DE15 FENSE CRITICAL INFRASTRUCTURE INFOR16 MATION. 

17 (a) IN GENERAL.—Chapter 3 of title 10, United 

18 States Code, is amended by adding at the end the fol19 lowing new section: 

20 ‘‘§ 130e. Treatment under Freedom of Information 

21 Act of critical infrastructure information 

22 ‘‘(a) EXEMPTION.—Department of Defense critical 

23 infrastructure information that, if disclosed, may result in 

24 the disruption, degradation, or destruction of Department 

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1 empt from disclosure pursuant to section 552(b)(3) of title 

2 5. 

3 ‘‘(b) INFORMATION PROVIDED TO STATE AND LOCAL

4 GOVERNMENTS.—Department of Defense critical infra5 structure information obtained by a State or local govern6 ment from a Federal agency shall remain under the con7 trol of the Federal agency, and a State or local law author8 izing or requiring such a government to disclose informa9 tion shall not apply to such critical infrastructure informa10 tion. 

11 ‘‘(c) DEFINITION.—In this section, the term ‘Depart12 ment of Defense critical infrastructure information’, as de13 termined by the Secretary of Defense, means sensitive but 

14 unclassified information related to critical infrastructure 

15 or protected systems owned or operated by or on behalf 

16 of the Department of Defense, including vulnerability as17 sessments prepared by or on behalf of the Department of 

18 Defense, explosives safety information (including storage 

19 and handling), and other site-specific information on or 

20 relating to installation security.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of such chapter is amended at the end 

23 by adding the following new item: 

‘‘130e. Treatment under Freedom of Information Act of certain critical infrastructure information.’’. 


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1 SEC. 1015. EXEMPTION FROM FREEDOM OF INFORMATION 

2 ACT FOR DATA FILES OF THE MILITARY 

3 FLIGHT OPERATIONS QUALITY ASSURANCE 

4 SYSTEMS OF THE MILITARY DEPARTMENTS. 

5 (a) EXEMPTION.—Chapter 134 of title 10, United 

6 States Code, is amended by inserting after section 2254 

7 the following new section: 

8 ‘‘§ 2254a. Data files of Military Flight Operations 

9 Quality Assurance systems: exemption 

10 from disclosure under Freedom of Infor11 mation Act 

12 ‘‘(a) AUTHORITY TO EXEMPT CERTAIN DATA FILES

13 FROM DISCLOSURE UNDER FOIA.— 

14 ‘‘(1) The Secretary of a military department 

15 may exempt data files of the Military Flight Oper16 ations Quality Assurance system of that military de17 partment from disclosure under section 552 of title 

18 5. The preceding sentence shall be considered a stat19 ute described in paragraph (3) of section 552(b) of 

20 title 5. 

21 ‘‘(2) In this section, the term ‘data files’ means 

22 files of the Military Flight Operations Quality As23 surance system (in this section referred to as 

24 ‘MFOQA’) that contain the data acquired or gen25 erated by the MFOQA system, including data bases 

26 containing raw MFOQA data and all analysis and 


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1 reports generated by the MFOQA system or which 

2 are derived from MFOQA data. 

3 ‘‘(3) The exempted status of information con4 tained in data files exempt from disclosure pursuant 

5 paragraph (1) shall be exempt from disclosure pur6 suant to section 552(b)(3)(B) of title 5 of the 

7 United States Code even when such information in 

8 contained in data files that are not exempt from dis9 closure in their entireties. 

10 ‘‘(4) The provisions of paragraph (1) may not 

11 be superseded except by a provision of law which is 

12 enacted after the date of the enactment of this sec13 tion and which specifically cites and repeals or modi14 fies those provisions. 

15 ‘‘(b) REGULATIONS.—The Secretary of each military 

16 department shall prescribe regulations for the administra17 tion of this section. Such regulations may not delegate the 

18 Secretary’s authority under this section to an officer or 

19 employee of that military department at a level lower than 

20 a member of the Senior Executive Service or to a member 

21 of the armed forces at a level below a general or flag offi22 cer.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of subchapter II of such chapter is 


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1 amended by inserting after the item relating to section 

2 2254 the following new item: 

‘‘2254a. Data files of Military Flight Operations Quality Assurance systems: exemption from disclosure under Freedom of Information Act.’’. 

3 SEC. 1016. ONE-YEAR EXTENSION OF AUTHORITY TO PRO4 VIDE ADDITIONAL SUPPORT FOR COUNTER5 DRUG ACTIVITIES OF CERTAIN FOREIGN 

6 GOVERNMENTS. 

7 Subsection (a)(2) of section 1033 of the National De8 fense Authorization Act for Fiscal Year 1998 (Public Law 

9 105–85; 111 Stat. 1881), as most recently amended by 

10 section 1014(a) of the Ike Skelton National Defense Au11 thorization Act for Fiscal Year 2011 (Public Law 111– 

12 383; 124 Stat. 4347), is amended by striking ‘‘2012’’ and 

13 inserting ‘‘2013’’. 

14 SEC. 1017. EXTENSION OF AUTHORITY OF DEPARTMENT OF 

15 DEFENSE TO PROVIDE ADDITIONAL SUPPORT 

16 FOR COUNTERDRUG ACTIVITIES OF OTHER 

17 GOVERNMENTAL AGENCIES. 

18 (a) ONE-YEAR EXTENSION OF AUTHORITY.—Sub19 section (a) of section 1004 of the National Defense Au20 thorization Act for Fiscal Year 1991 (Public Law 101– 

21 510; 10 U.S.C. 374 note) is amended by striking ‘‘During 

22 fiscal years 2002 through 2011’’ and inserting ‘‘Until Sep23 tember 30, 2013’’. 


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1 (b) COVERAGE OF TRIBAL LAW ENFORCEMENT

2 AGENCIES.—Such section is further amended— 

3 (1) in subsection (a)— 

4 (A) in the matter preceding paragraph (1), 

5 by inserting ‘‘tribal,’’ after ‘‘local,’’; and 

6 (B) in paragraph (2), by striking ‘‘State or 

7 local’’ both places it appears and insert ‘‘State, 

8 local, or tribal’’; and 

9 (2) in subsection (b)— 

10 (A) in paragraph (1), by striking ‘‘State or 

11 local’’ and inserting ‘‘State, local, or tribal’’; 

12 (B) in paragraph (4), by striking ‘‘State, 

13 or local’’ and inserting ‘‘State, local, or tribal’’; 

14 and 

15 (C) in paragraph (5), by striking ‘‘State 

16 and local’’ and inserting ‘‘State, local, and trib17 al’’. 

18 (c) CLARIFICATION OF AUTHORITY TO PROVIDE

19 CERTAIN NONLETHAL EQUIPMENT OR SERVICES.—Sub20 section (b)(4) of such section is amended by inserting be21 fore the period at the end the following: ‘‘, including the 

22 provision of nonlethal equipment or services necessary for 

23 the operation of such bases or facilities, other than any 

24 equipment specifically identified in section 1033 of the 


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1 National Defense Authorization Act for Fiscal Year 

2 1998’’. 

3 SEC. 1018. QUADRENNIAL LONG-TERM PLAN FOR THE PRO4 CUREMENT OF AIRCRAFT FOR THE NAVY 

5 AND THE AIR FORCE. 

6 (a) IN GENERAL.—Section 231a of title 10, United 

7 States Code, is amended to read as follows: 

8 ‘‘§ 231a. Long-range plan for procurement of aircraft 

9 for the Navy and Air Force 

10 ‘‘(a) QUADRENNIAL AIRCRAFT PROCUREMENT

11 PLAN.—At the same time that the budget of the President 

12 is submitted under section 1105(a) of title 31 during each 

13 year in which the Secretary of Defense submits a quadren14 nial defense review, the Secretary of Defense shall submit 

15 to the congressional defense committees a long-range plan 

16 for the procurement of covered aircraft for the Depart17 ment of the Navy and the Department of the Air Force 

18 that supports the aviation force structure recommenda19 tions of the quadrennial defense review. 

20 ‘‘(b) MATTERS INCLUDED.—Each aircraft procure21 ment plan under subsection (a) shall include the following: 

22 ‘‘(1) A detailed schedule for procurement of 

23 covered aircraft for the Department of the Navy and 

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1 riod beginning on the date on which the plan is sub2 mitted. 

3 ‘‘(2) A notional procurement schedule for the 

4 20-year period beginning on the date that is 10 

5 years after the date on which the plan is submitted. 

6 ‘‘(3) For the procurement schedules under 

7 paragraph (1)— 

8 ‘‘(A) the estimated levels of annual funding 

9 necessary to carry out such schedule; 

10 ‘‘(B) a determination by the Director of 

11 Cost Assessment and Program Evaluation of 

12 the level of funding necessary to carry out such 

13 schedules; and 

14 ‘‘(C) an evaluation by the Director of the 

15 potential risk associated with such schedules, 

16 including detailed effects on operational plans, 

17 missions, deployment schedules, and fulfillment 

18 of the requirements of the commanders of the 

19 combatant commands. 

20 ‘‘(c) ASSESSMENT WHEN AIRCRAFT PROCUREMENT

21 BUDGET IS INSUFFICIENT.—If the budget for a fiscal 

22 year provides for funding of the procurement of covered 

23 aircraft for either the Department of the Navy or the De24 partment of the Air Force at a level that is less than the 

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1 ment and Program Evaluation under subsection 

2 (b)(3)(B), the Secretary of Defense shall include with the 

3 defense budget materials for that fiscal year an assess4 ment that describes and discusses the risks associated 

5 with the budget, including the risk associated with a re6 duced force structure of aircraft that may result from 

7 funding covered aircraft procurement at such level. 

8 ‘‘(d) CBO EVALUATION.—Not later than 60 days 

9 after the date on which the congressional defense commit10 tees receive the plan under subsection (a), the Director 

11 of the Congressional Budget Office shall submit to such 

12 committees a report assessing the sufficiency of the esti13 mated levels of annual funding included in such plan with 

14 respect to the budget submitted during the year in which 

15 the plan is submitted and the future-years defense pro16 gram submitted under section 221 of this title. 

17 ‘‘(e) DEFINITIONS.—In this section: 

18 ‘‘(1) The term ‘covered aircraft’ means the fol19 lowing: 

20 ‘‘(A) Fighter aircraft. 

21 ‘‘(B) Attack aircraft. 

22 ‘‘(C) Bomber aircraft. 

23 ‘‘(D) Strategic lift aircraft. 

24 ‘‘(E) Intratheater lift aircraft. 


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1 ‘‘(F) Intelligence, surveillance, and recon2 naissance aircraft. 

3 ‘‘(G) Tanker aircraft. 

4 ‘‘(H) Any other major support aircraft 

5 designated by the Secretary of Defense for pur6 poses of this section. 

7 ‘‘(2) The term ‘budget’, with respect to a fiscal 

8 year, means the budget for that fiscal year that is 

9 submitted to Congress by the President under sec10 tion 1105(a) of title 31. 

11 ‘‘(3) The term ‘defense budget materials’, with 

12 respect to a fiscal year, means the materials sub13 mitted to Congress by the Secretary of Defense in 

14 support of the budget for that fiscal year. 

15 ‘‘(4) The term ‘quadrennial defense review’ 

16 means the review of the defense programs and poli17 cies of the United States that is carried out every 

18 four years under section 118 of this title.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 9 of such title is amended by 

21 striking the item relating to section 231a and inserting 

22 the following new item: 

‘‘231a. Long-range plan for procurement of aircraft for the Navy and the Air 

Force.’’. 


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1 SEC. 1019. AUTHORIZATION FOR DEPARTMENT OF DE2 FENSE TO CARRY OUT PERSONNEL RECOV3 ERY REINTEGRATION AND POST-ISOLATION 

4 SUPPORT ACTIVITIES. 

5 (a) AUTHORITY.— 

6 (1) The Secretary of Defense may carry out— 

7 (A) reintegration activities for recovered 

8 Department of Defense personnel; and 

9 (B) post-isolation support activities on be10 half of any other recovered person who is a 

11 United States Government, allied, or coalition 

12 person or a private United States or foreign na13 tional citizen. 

14 (2) As part of such activities, the Secretary 

15 may— 

16 (A) provide food, clothing, and essential 

17 sundry items for the recovered person; 

18 (B) pursuant to section 411j(d) of title 37, 

19 United States Code, provide transportation of 

20 not more than 3 family members or designated 

21 individuals, as determined by the attending 

22 physician or the commander or head of the mili23 tary medical facility, to be appropriate for re24 integration decompression of the recovered per25 son and whose presence may contribute to the 

26 health and welfare of the recovered person; and 


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1 (C) provide funding for the recovered per2 son’s attendance at events or functions deter3 mined by the attending physician or the com4 mander or head of the military medical facility 

5 to contribute to the recovered person’s psycho6 logical health. 

7 (3) The Secretary shall ensure that expenditure 

8 for activities under this section are in the best inter9 est of the Government. 

10 (b) DEFINITIONS.—For the purposes of this section: 

11 (1) RECOVERED PERSON.—The term ‘‘recov12 ered person’’ means an individual returned alive who 

13 was separated (as an individual or group) while par14 ticipating in a United States-sponsored military ac15 tivity or mission and who was in a situation of isola16 tion, detention, or captivity by a hostile entity. 

17 (2) REINTEGRATION.—The term ‘‘reintegra18 tion’’ means the process carried out by the Depart19 ment of Defense with respect to any recovered De20 partment of Defense personnel immediately following 

21 the termination of an isolating event to— 

22 (A) debrief the recovered person; 

23 (B) decompress the recovered person; 

24 (C) provide for the physical and mental 

25 health of the recovered person; and 


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1 (D) return the recovered person to duty as 

2 expeditiously as possible. 

3 (3) POST-ISOLATION SUPPORT.—The term 

4 ‘‘post-isolation support’’ means support provided by 

5 the Department of Defense to a recovered non-De6 partment person immediately following the termi7 nation of an isolating event to— 

8 (A) debrief the recovered person; 

9 (B) decompress the recovered person; 

10 (C) provide for the physical and mental 

11 health of the recovered person; and 

12 (D) return the recovered person to the per13 son’s normal life as expeditiously as possible. 

14 SEC. 1020. PILOT PROGRAM TO PROVIDE INCREMENTAL 

15 SUPPORT TO NONGOVERNMENTAL ORGANI16 ZATIONS PARTICIPATING IN HUMANITARIAN 

17 AND CIVIC ASSISTANCE ACTIVITIES IN THE 

18 AREA OF OPERATIONS OF UNITED STATES 

19 SOUTHERN COMMAND. 

20 (a) PILOT PROGRAM.—During fiscal years 2012 and 

21 2013, the Secretary of Defense may use funds available 

22 for operation and maintenance to provide incremental sup23 port to nongovernmental organizations participating with 

24 the Armed Forces in humanitarian and civic assistance ac25 tivities in the area of operations of the United States 


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1 Southern Command under section 401 of title 10, United 

2 States Code, when providing such support is anticipated 

3 to add to the effectiveness of the Armed Forces in con4 ducting the humanitarian and civic assistance activities or 

5 to add to the operational readiness skill levels of members 

6 of the Armed Forces participating in the humanitarian 

7 and civic assistance activities. 

8 (b) LIMITATION.—The amount of funds obligated 

9 under this section may not exceed $500,000 during fiscal 

10 year 2012 and $600,000 during fiscal year 2013. 

11 (c) AUTHORIZED EXPENSES.—Support provided to a 

12 nongovernmental organization under subsection (a) may 

13 include expenses for the reasonable and proper cost of 

14 lodging, subsistence, and transportation incurred by the 

15 nongovernmental organization as a direct result of that 

16 organization’s participation in humanitarian and civic as17 sistance activities, but may not include pay, allowances, 

18 and other administrative costs of such organization. 

19 (d) INDEPENDENT STUDY REQUIRED.— 

20 (1) SELECTION OF INDEPENDENT STUDY ORGA21 NIZATION.—No later than September 30, 2013, the 

22 Commander of the United States Southern Com23 mand shall select and enter into an agreement with 

24 an appropriate, independent, nonprofit organization 


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1 to conduct a study of the matters described in para2 graph (3). 

3 (2) QUALIFICATIONS OF ORGANIZATION SE4 LECTED.—The organization selected shall be quali5 fied on the basis of having relevant expertise in the 

6 provision of international humanitarian assistance 

7 and the coordination between Federal agencies and 

8 nongovernmental organizations in providing humani9 tarian assistance, and on the basis of other criteria 

10 the Commander of the United States Southern Com11 mand may determine. 

12 (3) MATTERS TO BE COVERED.—The study re13 quired by paragraph (1) shall be completed no later 

14 than March 31, 2014. The study shall include as15 sessments and descriptions of— 

16 (A) how the pilot authority under sub17 section (a) was used; 

18 (B) the impact of the use of the authority 

19 on the provision of humanitarian assistance by 

20 United States Southern Command under sec21 tion 401 of title 10, United States Code; 

22 (C) the impact of the use of the authority 

23 on the number of military personnel staffing 

24 each humanitarian operation implemented by 


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1 United States Southern Command under sec2 tion 401 of title 10, United States Code; 

3 (D) the type of training provided to the 

4 nongovernmental organization personnel whose 

5 participation in humanitarian operations was 

6 supported by the use of the authority; and 

7 (E) a description for each humanitarian 

8 operation implemented by United States South9 ern Command under section 401 of title 10, 

10 United States Code, and supported by the use 

11 of the authority, including, for each such oper12 ation, the following: 

13 (i) The purpose of the operation. 

14 (ii) The dates of the operation. 

15 (iii) The location of the operation. 

16 (iv) The number of military personnel 

17 supporting the operation, shown by compo18 nent. 

19 (v) The names of the nongovern20 mental organizations that were funded to 

21 provide assistance with the operation. 

22 (vi) The number of nongovernmental 

23 organization personnel provided by each 

24 nongovernmental organization supported 

25 using this authority. 


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1 (vii) What support each nongovern2 mental organization provided to the oper3 ation. 

4 (viii) The amount spent to support 

5 each nongovernmental organization staff 

6 member, listed by type of support (includ7 ing air transportation, bus transportation, 

8 lodging, and food). 

9 TITLE XI—CIVILIAN PERSONNEL 

10 MATTERS 

11 SEC. 1101. REVISIONS TO BENEFICIARY DESIGNATION PRO12 VISIONS FOR DEATH GRATUITY PAYABLE 

13 UPON DEATH OF A UNITED STATES GOVERN14 MENT EMPLOYEE. 

15 (a) AUTHORITY TO DESIGNATE MORE THAN 50 

16 PERCENT OF DEATH GRATUITY TO UNRELATED PER17 SONS.—Paragraph (4) of section 8102a(d) of title 5, 

18 United States Code, is amended— 

19 (1) in the first sentence, by striking ‘‘not more 

20 than 50 percent of the amount payable under this 

21 section’’ and inserting ‘‘an amount payable under 

22 this section’’; and 

23 (2) in the second sentence, by striking ‘‘up to 

24 the maximum of 50 percent’’. 


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1 (b) NOTICE TO SPOUSE OF DESIGNATION OF AN2 OTHER PERSON TO RECEIVE PORTION OF DEATH GRA3 TUITY.—Such section is further amended by adding at the 

4 end the following new paragraph: 

5 ‘‘(6) If a person covered by this section has a 

6 spouse, but designates a person other than the 

7 spouse to receive all or a portion of the amount pay8 able under this section, the head of the agency, or 

9 other entity, in which that person is employed shall 

10 provide notice of the designation to the spouse.’’. 

11 SEC. 1102. PLACEMENT OF NATIONAL GUARD NON-DUAL 

12 STATUS TECHNICIANS IN THE EXCEPTED 

13 SERVICE WITH ALL DUAL STATUS NATIONAL 

14 GUARD TECHNICIANS. 

15 Section 709(e) of title 32, United States Code, is 

16 amended in the second sentence— 

17 (1) by striking ‘‘However, a position’’ and in18 serting ‘‘A position’’; and 

19 (2) by striking ‘‘if the’’ and all that follows and 

20 inserting a period. 


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1 SEC. 1103. EXPANSION OF PERSONS ELIGIBLE FOR EXPE2 DITED FEDERAL HIRING FOLLOWING COM3 PLETION OF NATIONAL SECURITY EDU4 CATION PROGRAM SCHOLARSHIP. 

5 Section 802(k) of the David L. Boren National Secu6 rity Education Act of 1991 (50 U.S.C. 1902(k)) is amend7 ed to read as follows: 

8 ‘‘(k) EMPLOYMENT OF PROGRAM PARTICIPANTS.— 

9 ‘‘(1) APPOINTMENT AUTHORITY.—The Sec10 retary of Defense, the Secretary of Homeland Secu11 rity, the Secretary of State, or the head of a Federal 

12 agency or office identified by the Secretary of De13 fense under subsection (g) as having national secu14 rity responsibilities— 

15 ‘‘(A) may, without regard to any provision 

16 of title 5 governing appointments in the com17 petitive service, appoint an eligible program 

18 participant— 

19 ‘‘(i) to a position in the excepted serv20 ice that is identified under clause (i) of 

21 subsection (b)(2)(A) as contributing to the 

22 national security; or 

23 ‘‘(ii) subject to clause (ii) of such sub24 section, to a position in the excepted serv25 ice in such Federal agency or office with 

26 national security responsibilities; and 


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1 ‘‘(B) may, upon satisfactory completion of 

2 two years of substantially continuous service by 

3 an incumbent who was appointed to an ex4 cepted service position under the authority of 

5 subparagraph (A), convert the appointment of 

6 such individual, without competition, to a career 

7 or career conditional appointment. 

8 ‘‘(2) ELIGIBLE PROGRAM PARTICIPANT.—For 

9 purposes of paragraph (1), the term ‘eligible pro10 gram participant’ means an individual who— 

11 ‘‘(A) has successfully completed an aca12 demic program for which a scholarship or fel13 lowship under this section was awarded; and 

14 ‘‘(B) at the time of the appointment of the 

15 individual to an excepted service position under 

16 paragraph (1)(A)— 

17 ‘‘(i) under the terms of the agreement 

18 for such individual’s scholarship or fellow19 ship that was awarded under this section, 

20 owes a service commitment to a Depart21 ment or such Federal agency or office re22 ferred to in paragraph (1); 

23 ‘‘(ii) is employed by the Federal Gov24 ernment under a non-permanent appoint25 ment to a position in the excepted service 


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1 that has national security responsibilities; 

2 or 

3 ‘‘(iii) is a former civilian employee of 

4 the Federal Government who has less than 

5 a one-year break of service from the indi6 vidual’s last period of Federal employment 

7 in a non-permanent appointment in the ex8 cepted service with national security re9 sponsibilities. 

10 ‘‘(3) TREATMENT OF CERTAIN SERVICE.—In 

11 the case of an individual described in paragraph 

12 (2)(B)(ii) or (2)(B)(iii) who receives an appointment 

13 under paragraph (1)(A), any period that the indi14 vidual served in a position with the Federal Govern15 ment may be counted towards satisfaction of the 

16 service requirement under paragraph (1)(B) if that 

17 service— 

18 ‘‘(A) in the case of an appointment under 

19 clause (i) of paragraph (1)(A), was in a position 

20 that is identified under clause (i) of subsection 

21 (b)(2)(A) as contributing to the national secu22 rity; or 

23 ‘‘(B) in the case of an appointment under 

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1 eral agency or office in which the appointment 

2 under that clause is made.’’. 

3 SEC. 1104. AUTHORITY OF SERVICE SECRETARIES TO EM4 PLOY UP TO 10 PERSONS WITHOUT PAY. 

5 Section 1583 of title 10, United States Code, is 

6 amended in the first sentence— 

7 (1) by inserting ‘‘and the Secretaries of the 

8 military departments’’ after ‘‘the Secretary of De9 fense’’; and 

10 (2) by inserting ‘‘each’’ after ‘‘may’’. 

11 SEC. 1105. AUTHORITY FOR WAIVER OF RECOVERY OF CER12 TAIN PAYMENTS PREVIOUSLY MADE UNDER 

13 CIVILIAN EMPLOYEES VOLUNTARY SEPARA14 TION INCENTIVE PROGRAM. 

15 (a) AUTHORITY FOR WAIVER.—Subject to subsection 

16 (c), the Secretary of Defense may waive the requirement 

17 under subsection (f)(6)(B) of section 9902 of title 5, 

18 United States Code, for repayment to the Department of 

19 Defense of a voluntary separation incentive payment made 

20 under subsection (f)(1) of that section in the case of an 

21 employee or former employee of the Department of De22 fense described in subsection (b). 

23 (b) PERSONS COVERED.—Subsection (a) applies to 

24 any employee or former employee of the Department of 

25 Defense— 


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1 (1) who during the period beginning on April 1, 

2 2004, and ending on March 1, 2008, received a vol3 untary separation incentive payment under sub4 section (f)(1) of section 9902 of title 5, United 

5 States Code; 

6 (2) who was reappointed to a position in the 

7 Department of Defense to support a declared na8 tional emergency related to terrorism or a natural 

9 disaster during the period beginning on June 1, 

10 2004, and ending on March 1, 2008; and 

11 (3) with respect to whom the Secretary deter12 mines (A) that the employee or former employee, be13 fore accepting the reappointment referred to in para14 graph (2), received a representation from an officer 

15 or employee of the Department of Defense that re16 covery of the amount of the payment referred to in 

17 paragraph (1) would not be required or would be 

18 waived, and (B) that the employee or former em19 ployee reasonably relied on that representation when 

20 accepting reappointment. 

21 (c) REQUIRED DETERMINATION.—The Secretary of 

22 Defense may grant a waiver under subsection (a) in the 

23 case of any individual only if the Secretary determines 

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1 cause of the circumstances of that individual’s reemploy2 ment after receiving a voluntary separation incentive pay3 ment. 

4 (d) TREATMENT OF PRIOR REPAYMENTS.—The Sec5 retary of Defense may, pursuant to a determination under 

6 subsection (c) specific to an individual, provide for reim7 bursement to that individual for any amount the indi8 vidual has previously repaid to the United States for a 

9 voluntary separation incentive payment covered by this 

10 section. The reimbursement shall be paid either from the 

11 appropriations into which the repayment was deposited, 

12 if such appropriations remain available, or from appro13 priations currently available for the purposes of the appro14 priation into which the repayment was deposited. 

15 (e) EXPIRATION OF AUTHORITY.—The authority to 

16 grant a waiver under this section shall expire on December 

17 31, 2012. 

18 SEC. 1106. EXTENSION OF ELIGIBILITY TO CONTINUE FED19 ERAL EMPLOYEE HEALTH BENEFITS FOR 

20 CERTAIN FORMER EMPLOYEES OF THE DE21 PARTMENT OF DEFENSE. 

22 (a) EXTENSION FOR DEPARTMENT OF DEFENSE.— 

23 Subparagraph (B) of section 8905a(d)(4) of title 5, 

24 United States Code, is amended— 


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1 (1) in clause (i), by striking ‘‘December 31, 

2 2011’’ and inserting ‘‘October 1, 2015’’; and 

3 (2) in clause (ii)— 

4 (A) by striking ‘‘February 1, 2012’’ and 

5 inserting ‘‘February 1, 2016’’; and 

6 (B) by striking ‘‘December 31, 2011’’ and 

7 inserting ‘‘the date specified in clause (i)’’. 

8 (b) TECHNICAL AMENDMENT TO DELETE OBSOLETE

9 AUTHORITY APPLICABLE TO DEPARTMENT OF EN10 ERGY.—Subparagraph (A) of such section is amended by 

11 striking ‘‘, or the Department of Energy due to a reduc12 tion in force resulting from the establishment of the Na13 tional Nuclear Security Administration’’. 

14 TITLE XII—MATTERS RELATING 

15 TO FOREIGN NATIONS 

16 SEC. 1201. EXTENSION OF AUTHORITY FOR SUPPORT OF 

17 SPECIAL OPERATIONS TO COMBAT TER18 RORISM. 

19 (a) INCREASE IN ANNUAL AMOUNT OF SUPPORT

20 THAT MAY BE PROVIDED.—Subsection (a) of section 

21 1208 of the Ronald W. Reagan National Defense Author22 ization Act for Fiscal Year 2005 (Public Law 108–375; 

23 118 Stat. 2086), as most recently amended by section 

24 1202(a) of the National Defense Authorization Act for 

25 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2511), 


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1 is amended by striking ‘‘$40,000,000’’ and inserting 

2 ‘‘$50,000,000’’. 

3 (b) EXTENSION OF TERMINATION PROVISION.—Sub4 section (h) of such section is amended by striking ‘‘2013’’ 

5 and inserting ‘‘2017’’. 

6 (c) CLARIFICATION.—Subsection (g) of such section 

7 is amended— 

8 (1) by striking ‘‘each fiscal year’’ and inserting 

9 ‘‘any fiscal year’’; and 

10 (2) by striking ‘‘pursuant to title XV of this 

11 Act’’ and inserting ‘‘for that fiscal year’’. 

12 SEC. 1202. ONE-YEAR EXTENSION OF COMMANDERS’ EMER13 GENCY RESPONSE PROGRAM AND EXTEN14 SION OF DUE DATE FOR QUARTERLY RE15 PORTS TO CONGRESS. 

16 (a) ONE-YEAR EXTENSION OF CERP AUTHORITY.— 

17 (1) AUTHORITY FOR FISCAL YEAR 2012.—Sub18 section (a) of section 1202 of the National Defense 

19 Authorization Act for Fiscal Year 2006 (Public Law 

20 109–163; 119 Stat. 3455), as most recently amend21 ed by section 1212 of the Ike Skelton National De22 fense Authorization Act for Fiscal Year 2011 (Pub23 lic Law 111–383; 124 Stat. 4389), is amended— 


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1 (A) in the subsection heading, by striking 

2 ‘‘FISCAL YEAR 2011’’ and inserting ‘‘FISCAL

3 YEAR 2012’’; 

4 (B) by striking ‘‘fiscal year 2011, from’’ 

5 and inserting ‘‘fiscal year 2012’’; 

6 (C) by striking ‘‘operation and mainte7 nance’’ and all that follows and inserting ‘‘oper8 ation and maintenance, not to exceed $425 mil9 lion, may be used by the Secretary of Defense 

10 to provide funds for the Commanders’ Emer11 gency Response Program in Iraq and Afghani12 stan.’’. 

13 (2) EFFECTIVE DATE.—The amendments made 

14 by paragraph (1) shall take effect on October 1, 

15 2011. 

16 (b) EXTENSION OF DUE DATE FOR QUARTERLY RE17 PORTS.—Subsection (b)(1) of such section is amended by 

18 striking ‘‘30 days’’ and inserting ‘‘45 days’’. 

19 (c) AUTHORITY TO ACCEPT CONTRIBUTIONS.—Such 

20 section is further amended— 

21 (1) by redesignating subsection (i) as subsection 

22 (j); and 

23 (2) by inserting after subsection (h) the fol24 lowing new subsection (i): 


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1 ‘‘(i) AUTHORITY TO ACCEPT CONTRIBUTIONS.—The 

2 Secretary of Defense may accept cash contributions from 

3 any person, foreign government, or international organiza4 tion for the purposes specified in subsection (a). Funds 

5 received by the Secretary may be credited to the operation 

6 and maintenance account from which funds are made 

7 available to carry out the authority in subsection (a), to 

8 remain available until expended, and may be used for such 

9 purposes in addition to the funds specified in that sub10 section’’. 

11 SEC. 1203. FIVE-YEAR EXTENSION OF AUTHORIZATION FOR 

12 NON-CONVENTIONAL ASSISTED RECOVERY 

13 CAPABILITIES. 

14 Section 943(h) of the Duncan Hunter National De15 fense Authorization Act for Fiscal Year 2009 (Public Law 

16 110–417; 122 Stat. 4579) is amended by striking ‘‘2011’’ 

17 and inserting ‘‘2016’’. 

18 SEC. 1204. ONE-YEAR EXTENSION OF AUTHORITY FOR RE19 IMBURSEMENT OF CERTAIN COALITION NA20 TIONS FOR SUPPORT PROVIDED TO UNITED 

21 STATES MILITARY OPERATIONS. 

22 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 

23 section 1233 of the National Defense Authorization Act 

24 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

25 393), as most recently amended by section 1213 of the 


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1 Ike Skelton National Defense Authorization Act for Fiscal 

2 Year 2011 (Public Law 111–383; 12 Stat. 4391), is 

3 amended by striking ‘‘by section 1510 of the Ike Skelton 

4 National Defense Authorization Act for Fiscal Year 2011’’ 

5 and inserting ‘‘for fiscal year 2012’’. 

6 (b) LIMITATION ON AMOUNT.—Subsection (d)(1) of 

7 such section is amended— 

8 (1) by striking ‘‘fiscal year 2010 or 2011’’ and 

9 inserting ‘‘fiscal year 2012’’; and 

10 (2) by striking ‘‘$1,600,000,000’’ and inserting 

11 ‘‘$1,750,000,000’’. 

12 (c) TECHNICAL AMENDMENT.—Subsection (c)(2) of 

13 such section is amended by inserting a comma after 

14 ‘‘Budget’’. 

15 SEC. 1205. DESIGNATION OF ADDITIONAL ‘‘HIGH INCOME’’ 

16 COUNTRIES PROHIBITED FROM RECEIVING 

17 INTERNATIONAL MILITARY EDUCATION AND 

18 TRAINING GRANT ASSISTANCE UNDER CHAP19 TER 5 OF THE FOREIGN ASSISTANCE ACT. 

20 Section 546(b) of the Foreign Assistance Act of 1961 

21 (22 U.S.C. 2347e(b)) is amended by striking ‘‘and Spain’’ 

22 and inserting ‘‘Spain, Saudi Arabia, Kuwait, United Arab 

23 Emirates, Qatar, Brunei, Ireland, Sweden, Switzerland, 

24 and Taiwan’’. 


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1 SEC. 1206. THREE-YEAR EXTENSION OF TEMPORARY AU2 THORITY TO USE ACQUISITION AND CROSS3 SERVICING AGREEMENTS TO LEND MILITARY 

4 EQUIPMENT FOR PERSONNEL PROTECTION 

5 AND SURVIVABILITY. 

6 Section 1202(e) of the John Warner National De7 fense Authorization Act for Fiscal Year 2007 (Public Law 

8 109–364; 120 Stat. 2012), as most recently amended by 

9 section 1204(b) of the Duncan Hunter National Defense 

10 Authorization Act for Fiscal Year 2009 (Public Law 110– 

11 417; 122 Stat. 4356), is amended by striking ‘‘September 

12 30, 2011’’ and inserting ‘‘September 30, 2014’’. 

13 SEC. 1207. DEPARTMENT OF DEFENSE PARTICIPATION IN 

14 PROGRAMS RELATING TO MULTILATERAL EX15 CHANGE OF AIR AND SURFACE TRANSPOR16 TATION CAPACITY. 

17 (a) PARTICIPATION AUTHORIZED.—The Secretary of 

18 Defense may, with the concurrence of the Secretary of 

19 State, authorize the participation of the United States in 

20 multinational programs relating to the coordination or the 

21 exchange of air and surface transportation capacity. Such 

22 programs may include the reciprocal exchange or transfer 

23 of transportation services (which, for the purposes of this 

24 section, includes any conveyance of personnel or goods by 

25 air, land, or sea as well as the provision of air refueling 

26 services) on a reimbursable basis or by replacement-inVerDate Mar 15 2010 04:39 May 25, 2011 Jkt 099200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 E:\BILLS\S981.IS S981

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1 kind or the exchange of transportation services of an equal 

2 value. Such programs include— 

3 (1) activities of the Movement Coordination 

4 Centre Europe; and 

5 (2) activities under the Technical Arrangement 

6 known as the ‘‘Air Transport, Air-to-Air Refueling 

7 and other Exchanges of Services’’. 

8 (b) WRITTEN ARRANGEMENTS OR AGREEMENTS.— 

9 (1) The participation of the United States in a multi10 national program under subsection (a) shall be in accord11 ance with one or more written arrangements or agree12 ments entered into by the Secretary of Defense, with the 

13 concurrence of the Secretary of State, and the foreign na14 tions or multinational organizations concerned. 

15 (2) If Department of Defense facilities, equipment, 

16 or funds are used to support a program under subsection 

17 (a), the written arrangement or agreement under para18 graph (1) shall specify the details of any equitable cost 

19 sharing or other funding arrangement. 

20 (3) Any written arrangement or agreement entered 

21 into under paragraph (1) shall require that any accrued 

22 credits and liabilities resulting from an unequal exchange 

23 or transfer of air and surface transportation capacity shall 

24 be liquidated, not less than once every five years, by direct 


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1 payment to the party having provided the greater amount 

2 of air and surface transportation capacity. 

3 (c) IMPLEMENTATION.—In carrying out any written 

4 arrangement or agreement entered into under subsection 

5 (b), the Secretary may— 

6 (1) pay the United States’ equitable share of 

7 the operating expenses of the multinational organi8 zations concerned from funds appropriated to the 

9 Department of Defense for operation and mainte10 nance; and 

11 (2) assign members of the Armed Forces or De12 partment of Defense civilian personnel to duty at 

13 such multinational organizations as necessary to ful14 fill the United States’ obligations under the written 

15 arrangements or agreements authorized by this sec16 tion. 

17 (d) CREDITING OF RECEIPTS.—Any amount received 

18 by the United States in carrying out a written arrange19 ment or agreement entered into under subsection (b) shall 

20 be credited, as elected by the Secretary of Defense, to the 

21 following: 

22 (1) The appropriation, fund, or account used in 

23 incurring the obligation for which such amount is re24 ceived. 


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1 (2) An appropriation, fund, or account cur2 rently available for the purposes for which such obli3 gation was made. 

4 (e) APPLICABILITY OF PREFERENCE STATUTE.— 

5 Section 2631 of this title, regarding the preference for ves6 sels of the United States or belonging to the United States 

7 in the transportation of supplies by sea, shall apply to sea8 borne transportation acquired by the United States under 

9 the authority of this section. 

10 SEC. 1208. ONE-YEAR EXTENSION OF AUTHORITY TO 

11 TRANSFER DEFENSE ARTICLES AND PRO12 VIDE DEFENSE SERVICES TO THE MILITARY 

13 AND SECURITY FORCES OF IRAQ AND AF14 GHANISTAN. 

15 Subsection (h) of section 1234 of the National De16 fense Authorization Act for Fiscal Year 2010 (Public Law 

17 111–84; 123 Stat. 2532), as amended by section 1214(a) 

18 of the Ike Skelton National Defense Authorization Act for 

19 Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4391), 

20 is amended by striking ‘‘December 31, 2011’’ and insert21 ing ‘‘December 31, 2012’’. 

22 SEC. 1209. AUTHORIZATION OF APPROPRIATIONS FOR AF23 GHANISTAN SECURITY FORCES FUND. 

24 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

25 are hereby authorized to be appropriated for fiscal year 


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1 2012 for the Afghanistan Security Forces Fund in the 

2 amount of $12,800,000,000. 

3 (b) LIMITATIONS.—Funds made available to the De4 partment of Defense for the Afghanistan Security Forces 

5 Fund for fiscal year 2012 shall be subject to the condi6 tions contained in subsections (b) through (g) of section 

7 1513 of the National Defense Authorization Act for Fiscal 

8 Year 2008 (Public Law 110–181; 122 Stat. 428), as 

9 amended by section 1531(b) of the Ike Skelton National 

10 Defense Authorization Act for Fiscal Year 2011 (Public 

11 Law 111–383; 124 Stat. 4424). 

12 SEC. 1210. TEMPORARY ACQUISITION AUTHORITY WITH RE13 SPECT TO NORTHERN DISTRIBUTION NET14 WORK FOR SHIPMENT OF SUPPLIES TO AF15 GHANISTAN. 

16 (a) EXTENSION OF AUTHORITY TO PURCHASES TO

17 BE USED BY UNITED STATES FORCES.—Subsection 

18 (b)(1)(C) of section 801 of the National Defense Author19 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 

20 Stat. 2399) is amended by inserting ‘‘or the United 

21 States’’ after ‘‘Afghanistan’’. 

22 (b) TECHNICAL AMENDMENT.—Subsection (f) of 

23 such section is amended by striking ‘‘on or after’’ and all 

24 that follows through ‘‘Act’’ and inserting ‘‘after October 

25 27, 2012’’. 


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1 SEC. 1211. ONE-YEAR EXTENSION OF AUTHORITY TO USE 

2 FUNDS FOR REINTEGRATION ACTIVITIES IN 

3 AFGHANISTAN. 

4 Section 1216 of the Ike Skelton National Defense 

5 Authorization Act for Fiscal Year 2011 (Public Law 111– 

6 383; 124 Stat. 4392) is amended— 

7 (1) in subsection (a), by striking ‘‘2011’’ and 

8 inserting ‘‘2012’’; and 

9 (2) in subsection (e), by striking ‘‘December 31, 

10 2011’’ and inserting ‘‘December 31, 2012’’. 

11 SEC. 1212. ONE-YEAR AUTHORITY TO FUND OPERATIONS 

12 AND ACTIVITIES OF OFFICE OF SECURITY CO13 OPERATION-IRAQ. 

14 (a) AUTHORITY.—Notwithstanding any other provi15 sion of law, the Secretary of Defense may support United 

16 States Government transition activities in Iraq by pro17 viding funds for the operations and activities of the Office 

18 of Security Cooperation in Iraq and the operations and 

19 activities of security assistance teams in Iraq. Such sup20 port may include life support, transportation and personal 

21 security, and renovation and construction of facilities. 

22 (b) SOURCE OF FUNDS.—Funds for the purposes of 

23 subsection (a) shall be derived from amounts available for 

24 operation and maintenance for the Air Force for fiscal 

25 year 2012. 


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1 SEC. 1213. EXPANSION OF SCOPE OF HUMANITARIAN 

2 DEMINING ASSISTANCE PROGRAM TO IN3 CLUDE STOCKPILED CONVENTIONAL MUNI4 TIONS. 

5 Section 407 of title 10, United States Code, is 

6 amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1), by inserting ‘‘and 

9 stockpiled conventional munitions’’ after 

10 ‘‘demining’’; and 

11 (B) in paragraph (3)(A), by inserting ‘‘, 

12 stockpiled conventional munitions,’’ after ‘‘land13 mines’’; 

14 (2) in subsection (d)(2), by inserting ‘‘, and 

15 whether such assistance was primarily related to the 

16 humanitarian demining efforts under subsection 

17 (e)(1) or stockpiled conventional munitions assist18 ance under subsection (e)(2)’’ after ‘‘paragraph 

19 (1)’’; and 

20 (3) by amending subsection (e) to read as fol21 lows: 

22 ‘‘(e) DEFINITIONS.—In this section: 

23 ‘‘(1) HUMANITARIAN DEMINING ASSISTANCE.— 

24 The term ‘humanitarian demining assistance’, as it 

25 relates to training and support, means detection and 


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1 clearance of landmines and other explosive remnants 

2 of war. 

3 ‘‘(2) STOCKPILED CONVENTIONAL MUNITIONS

4 ASSISTANCE.—The term ‘stockpiled conventional 

5 munitions assistance’, as it relates to support of hu6 manitarian assistance efforts, means training and 

7 support in the disposal, demilitarization, physical se8 curity, and stockpile management of potentially dan9 gerous stockpiles of explosive ordnance. 

10 ‘‘(3) INCLUDED ACTIVITIES.—Such terms in11 clude activities related to the furnishing of edu12 cation, training, and technical assistance with re13 spect to explosive safety, the detection and clearance 

14 of landmines and other explosive remnants of war, 

15 and the disposal, demilitarization, physical security, 

16 and stockpile management of potentially dangerous 

17 stockpiles of explosive ordnance.’’. 

18 SEC. 1214. ESTABLISHMENT OF A GLOBAL SECURITY CON19 TINGENCY FUND. 

20 (a) ESTABLISHMENT.—There is established on the 

21 books of the Treasury of the United States under the De22 partment of State a fund to be known as the ‘‘Global Se23 curity Contingency Fund’’. 

24 (b) AUTHORITY.—Amounts in the Fund shall be 

25 available to either the Secretary of State or the Secretary 


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1 of Defense, notwithstanding any other provision of law, 

2 to provide assistance to countries designated by the Sec3 retary of State, with the concurrence of the Secretary of 

4 Defense, for purposes of this section, as follows: 

5 (1) Assistance under this section may be pro6 vided to enhance the capabilities of military forces, 

7 and other security forces that conduct border and 

8 maritime security, internal security, and counterter9 rorism operations, as well as the government agen10 cies responsible for such forces, in order to strength11 en the foreign country’s national and regional secu12 rity interests consistent with United States foreign 

13 policy and national security interests. 

14 (2) Assistance may be provided for the justice 

15 sector (including law enforcement and prisons), rule 

16 of law programs, and stabilization efforts where the 

17 Secretary of State, in consultation with the Sec18 retary of Defense, determines that conflict or insta19 bility in a region challenges the existing capability of 

20 civilian providers to deliver such assistance. 

21 (c) FORMULATION AND APPROVAL OF ASSISTANCE

22 PROGRAMS.— 

23 (1) The Secretary of State and the Secretary of 

24 Defense shall jointly formulate assistance programs 

25 under subsection (b)(1). Assistance programs to be 


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1 carried out pursuant to subsection (b)(1) shall be 

2 approved by the Secretary of State, with the concur3 rence of the Secretary of Defense, prior to imple4 mentation. 

5 (2) The Secretary of State, in consultation with 

6 the Secretary of Defense, shall formulate assistance 

7 programs under subsection (b)(2). Assistance pro8 grams to be carried out under the authority in sub9 section (b)(2) shall be approved by the Secretary of 

10 State, with the concurrence of the Secretary of De11 fense, prior to implementation. 

12 (d) RELATION TO OTHER AUTHORITIES.—The au13 thority to provide assistance under this section is in addi14 tion to any other authority to provide assistance to foreign 

15 nations, and the administrative authorities of the Foreign 

16 Assistance Act of 1961 shall be available to the Secretary 

17 of State with respect to funds made available to carry out 

18 this section. 

19 (e) AUTHORIZATION OF APPROPRIATIONS.—For the 

20 purposes of providing assistance under the authority in 

21 subsection (b), $50,000,000 is hereby authorized to be ap22 propriated to the Fund in each of fiscal years 2012, 2013, 

23 and 2014. 

24 (f) TRANSFER AUTHORITY.— 


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1 (1) Funds available for foreign assistance or to 

2 the Department of Defense may be transferred to 

3 the Fund by the Secretary of State or the Secretary 

4 of Defense, respectively, and amounts so transferred 

5 shall be merged with funds made available under 

6 this section and remain available until expended for 

7 the purposes specified in subsection (b). 

8 (2) The total amount of funds appropriated and 

9 transferred to the Fund in any fiscal year shall not 

10 exceed $500,000,000. This limitation does not apply 

11 to amounts contributed to the Fund under sub12 section (g). 

13 (3) Funds made available to carry out assist14 ance activities approved pursuant to subsection (c) 

15 may be transferred to the most appropriate agency 

16 or account to facilitate the provision of such assist17 ance. 

18 (4) The transfer authorities in paragraphs (1) 

19 and (3) are in addition to any other transfer author20 ity available to the Department of State or the De21 partment of Defense. 

22 (g) AUTHORITY TO ACCEPT GIFTS.—The Secretary 

23 of State may use money, funds, property, and services ac24 cepted pursuant to the authority of section 635(d) of the 


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1 Foreign Assistance Act of 1961 to fulfill the purposes of 

2 subsection (b). 

3 (h) AVAILABILITY OF FUNDS.—Amounts in the Fund 

4 remain available until expended. 

5 (i) CONGRESSIONAL REPORTING.—In lieu of and not6 withstanding the notification provisions of sections 634A 

7 and 653 of the Foreign Assistance Act of 1961 or similar 

8 provisions in any other Act, and any notification or certifi9 cation provisions in law relating to the transfer of funds, 

10 the Secretary of State and the Secretary of Defense jointly 

11 shall provide a report quarterly to the specified congres12 sional committees on obligations of funds or transfers into 

13 the Fund made during the preceding quarter. 

14 (j) SPECIFIED CONGRESSIONAL COMMITTEES.—The 

15 congressional committees specified in this subsection 

16 are— 

17 (1) the Committee on Armed Services, the 

18 Committee on Foreign Affairs, and the Committee 

19 on Appropriations of the House of Representatives; 

20 and 

21 (2) the Committee on Armed Services, the 

22 Committee on Foreign Relations, and the Committee 

23 on Appropriations of the Senate. 

24 (k) EXPIRATION.—The authority provided under this 

25 section may not be exercised after September 30, 2014, 


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1 except with respect to amounts appropriated or trans2 ferred to the Fund prior to this date, which can continue 

3 to be obligated and expended pursuant to this section. 

4 (l) ADMINISTRATIVE EXPENSES.—Amounts in the 

5 Fund may be used for necessary administrative expenses. 

6 (m) DETAIL AUTHORITY.—The head of any agency 

7 may detail personnel to the Department of State to carry 

8 out the purposes of this section with or without reimburse9 ment for all or part of the costs of salaries and other ex10 penses associated with such personnel. 

11 SEC. 1215. AUTHORITY FOR THE MINISTRY OF DEFENSE AD12 VISORS PROGRAM. 

13 (a) AUTHORITY.—The Secretary of Defense may, 

14 with the concurrence of the Secretary of State, assign ci15 vilian employees as advisors to a foreign country that is 

16 a partner nation with the United States in order to— 

17 (1) provide institutional, ministerial-level advice 

18 and other training to personnel of ministries of de19 fense, departments of defense, other defense agen20 cies, and security agencies serving a similar func21 tion, of that country in support of stabilization ef22 forts; 

23 (2) build core institutional capacity, com24 petencies and capabilities of partner nations to effec25 tively manage defense-related processes; or 


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1 (3) support United States military operations in 

2 that country. 

3 (b) TERMINATION OF AUTHORITY.—The authority of 

4 the Secretary of Defense under subsection (a) terminates 

5 at the close of September 30, 2014. Any assignment of 

6 civilian employees as advisors approved by the Secretary 

7 of Defense with the concurrence of the Secretary of State 

8 before that date may be completed, but only using funds 

9 available for fiscal year 2012, 2013 or 2014. 

10 (c) INDEPENDENT EVALUATION.—The Secretary of 

11 Defense shall contract with an entity to conduct an inde12 pendent evaluation of the effectiveness of the advisory 

13 services provided under subsection (a). 

14 SEC. 1216. AFGHANISTAN INFRASTRUCTURE FUND. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

16 are hereby authorized to be appropriated for fiscal year 

17 2012 for the Afghanistan Infrastructure Fund (herein18 after referred to as the ‘‘Fund’’) in the amount of 

19 $475,000,000. 

20 (b) USE OF FUNDS.— 

21 (1) IN GENERAL.—Funds appropriated pursu22 ant to subsection (a) shall be available, notwith23 standing any other provision of law, for infrastruc24 ture projects in Afghanistan, which shall be under25 taken by the Secretary of State, unless the Secretary 


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1 of State and the Secretary of Defense jointly decide 

2 that a specific project will be undertaken by the De3 partment of Defense. 

4 (2) TYPES OF PROJECTS AUTHORIZED.— 

5 Projects authorized by this section are in support of 

6 the counterinsurgency strategy, requiring funding 

7 for facility and infrastructure projects, including, 

8 but not limited to, water, power and transportation 

9 projects, and related maintenance and sustainment 

10 costs. 

11 (c) AUTHORITY IN ADDITION TO OTHER AUTHORI12 TIES.—The authority to provide assistance under this sec13 tion is in addition to any other authority to provide assist14 ance to foreign nations. 

15 (d) JOINT FORMULATION.—Any project funded 

16 under this section shall be jointly formulated and con17 curred in by the Secretary of State and the Secretary of 

18 Defense. 

19 (e) TRANSFERS.— 

20 (1) TRANSFERS FROM THE FUND.—The Sec21 retary of Defense may transfer funds to the Depart22 ment of State for purposes of undertaking projects 

23 authorized by this section. 

24 (2) RETURN OF UNEXPENDED FUNDS.—Any 

25 unexpended funds transferred to the Secretary of 


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1 State under this authority shall be returned to the 

2 Fund if the Secretary of State, in coordination with 

3 the Secretary of Defense, determines that the 

4 project cannot be implemented for any reason, or 

5 that the project no longer supports the counterinsur6 gency strategy in Afghanistan. Any funds returned 

7 to the Secretary of Defense under this paragraph 

8 shall be available for use under this authority and 

9 shall be treated in the same manner as funds not 

10 transferred to the Secretary of State. 

11 (3) TRANSFERS TO THE FUND.—From funds 

12 made available to the Department of Defense, the 

13 Secretary of Defense may transfer up to 

14 $200,000,000 into the Fund in fiscal year 2012. 

15 (4) TRANSFERRED FUNDS.—Funds transferred 

16 to the Fund under paragraph (3) shall be merged 

17 with funds in the Fund and shall remain available 

18 until September 30, 2013. 

19 (5) TRANSFER AUTHORITY.—The authority to 

20 transfer funds under paragraphs (1) and (3) shall be 

21 in addition to any other authority available to the 

22 Department of Defense to transfer funds. 

23 (6) ADDITIONAL AUTHORITIES.—Funds trans24 ferred under paragraph (1) shall be considered to be 

25 economic assistance under the Foreign Assistance 


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1 Act of 1961 for purposes of making available the ad2 ministrative authorities contained in that Act. 

3 (f) AUTHORITY TO ACCEPT CONTRIBUTIONS.—The 

4 Secretary of State and Secretary of Defense may accept 

5 contributions of amounts for the purposes provided in this 

6 section from any person, foreign government, or inter7 national organization. Any such amount may be credited 

8 to the Fund to remain available until expended and used 

9 for purposes of this section. 

10 (g) CONGRESSIONAL NOTIFICATION.— 

11 (1) TRANSFER NOTIFICATION.—The Secretary 

12 of Defense shall, not fewer than 15 days prior to 

13 making transfers to or from, or obligations from, the 

14 Fund, notify the appropriate committees of Congress 

15 in writing of the details of such transfer. Such noti16 fication shall include a description of any projects to 

17 which the transfer or obligation relates, including— 

18 (A) a plan for the sustainment of the 

19 project; and 

20 (B) a description of how the project sup21 ports the counterinsurgency strategy in Afghan22 istan. 

23 (2) PROJECT COST INCREASE NOTIFICATION.— 

24 The Secretary of Defense shall notify the appro25 priate congressional committees not less than five 


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1 days before making a transfer or obligation from the 

2 Fund for a project cost increase where such increase 

3 is in excess of 20 percent of a previously notified 

4 project cost. 

5 (h) APPROPRIATE COMMITTEES OF CONGRESS DE6 FINED.—In this section, the term ‘‘appropriate commit7 tees of Congress’’ means— 

8 (1) the Committees on Armed Services, Foreign 

9 Relations, and Appropriations of the Senate; and 

10 (2) the Committees on Armed Services, Foreign 

11 Affairs, and Appropriations of the House of Rep12 resentatives. 

13 SEC. 1217. ONE-YEAR EXTENSION OF AUTHORITY FOR TASK 

14 FORCE FOR BUSINESS AND STABILITY OPER15 ATIONS IN AFGHANISTAN. 

16 Section 1535(a) of the Ike Skelton National Defense 

17 Authorization Act for Fiscal Year 2011 (Public Law 111– 

18 383; 124 Stat. 4426) is amended— 

19 (1) in paragraph (4), by striking ‘‘The’’ and in20 serting ‘‘During each of fiscal years 2011 and 2012, 

21 the’’; and 

22 (2) in paragraph (7), by striking ‘‘September 

23 30, 2011’’ and inserting ‘‘September 30, 2012’’. 


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1 TITLE XIII—OTHER 

2 AUTHORIZATIONS 

3 Subtitle A—Military Programs 

4 SEC. 1301. WORKING CAPITAL FUNDS. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2012 for the use of the Armed Forces and other 

7 activities and agencies of the Department of Defense for 

8 providing capital for the Defense Working Capital Funds 

9 in the amount of $1,575,010,000. 

10 SEC. 1302. NATIONAL DEFENSE SEALIFT FUND. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

12 are hereby authorized to be appropriated for fiscal year 

13 2012 for the National Defense Sealift Fund in the amount 

14 of $1,126,384,000. 

15 (b) AUTHORIZED PROCUREMENT.—Amounts appro16 priated pursuant to the authorization of appropriations in 

17 subsection (a) may be used to purchase an Offshore Petro18 leum Distribution System, and the associated tender for 

19 that system, that are under charter by the Military Sealift 

20 Command as of January 1, 2011. 

21 SEC. 1303. JOINT URGENT OPERATIONAL NEEDS FUND. 

22 Funds are hereby authorized to be appropriated for 

23 fiscal year 2012 for the Joint Urgent Operational Needs 

24 Fund in the amount of $100,000,000. 


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1 SEC. 1304. CHEMICAL AGENTS AND MUNITIONS DESTRUC2 TION, DEFENSE. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

4 are hereby authorized to be appropriated for the Depart5 ment of Defense for fiscal year 2012 for expenses, not oth6 erwise provided for, for Chemical Agents and Munitions 

7 Destruction, Defense, in the amount of $1,554,422,000, 

8 of which— 

9 (1) $1,147,691,000 is for Operation and Main10 tenance; and 

11 (2) $406,731,000 is for Research, Development, 

12 Test, and Evaluation. 

13 (b) USE.—Amounts authorized to be appropriated 

14 under subsection (a) are authorized for— 

15 (1) the destruction of lethal chemical agents 

16 and munitions in accordance with section 1412 of 

17 the Department of Defense Authorization Act, 1986 

18 (50 U.S.C. 1521); and 

19 (2) the destruction of chemical warfare materiel 

20 of the United States that is not covered by section 

21 1412 of such Act. 

22 SEC. 1305. DRUG INTERDICTION AND COUNTER-DRUG AC23 TIVITIES, DEFENSE-WIDE. 

24 Funds are hereby authorized to be appropriated for 

25 the Department of Defense for fiscal year 2012 for ex26 penses, not otherwise provided for, for Drug Interdiction 


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1 and Counter-Drug Activities, Defense-wide, in the amount 

2 of $1,156,282,000. 

3 SEC. 1306. DEFENSE INSPECTOR GENERAL. 

4 Funds are hereby authorized to be appropriated for 

5 the Department of Defense for fiscal year 2012 for ex6 penses, not otherwise provided for, for the Office of the 

7 Inspector General of the Department of Defense, in the 

8 amount of $289,519,000, of which— 

9 (1) $286,919,000 is for Operation and Mainte10 nance; 

11 (2) $1,600,000 is for Research, Development, 

12 Test, and Evaluation; and 

13 (3) $1,000,000 is for Procurement. 

14 SEC. 1307. DEFENSE HEALTH PROGRAM. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

16 are hereby authorized to be appropriated for the Depart17 ment of Defense for fiscal year 2012 for expenses, not oth18 erwise provided for, for the Defense Health Program, in 

19 the amount of $32,198,770,000, of which— 

20 (1) $30,902,546,000 is for Operation and 

21 Maintenance; 

22 (2) $663,706,000 is for Research, Development, 

23 Test, and Evaluation; and 

24 (3) $632,518,000 is for Procurement. 


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1 (b) JOINT MEDICAL FACILITY DEMONSTRATION

2 FUND.— 

3 (1) AUTHORITY FOR TRANSFER OF FUNDS.— 

4 The Secretary of Defense may transfer to the Joint 

5 Department of Defense—Department of Veterans 

6 Affairs Medical Facility Demonstration Fund estab7 lished by subsection (a)(1) of section 1704 of the 

8 National Defense Authorization Act for Fiscal Year 

9 2010 (Public Law 111–84; 123 Stat. 2571), from 

10 funds appropriated pursuant to subsection (a)(1) of 

11 this section, such amounts as the Secretary deter12 mines to be appropriate for such purpose. For pur13 poses of subsection (a)(2) of such section 1704, 

14 funds appropriated pursuant to subsection (a)(1) of 

15 this section shall be considered to be amounts au16 thorized and appropriated specifically for the pur17 pose of such a transfer. 

18 (2) USE OF TRANSFERRED FUNDS.—For the 

19 purposes of subsection (b) of such section 1704, fa20 cility operations for which funds transferred under 

21 paragraph (1) may be used are operations of the 

22 Captain James A. Lovell Federal Health Care Cen23 ter, consisting of the North Chicago Veterans Af24 fairs Medical Center, the Navy Ambulatory Care 

25 Center, and supporting facilities designated as a 


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1 combined Federal medical facility under an oper2 ational agreement covered by section 706 of the 

3 Duncan Hunter National Defense Authorization Act 

4 for Fiscal Year 2009 (Public Law 110–417; 122 

5 Stat. 4500). 

6 Subtitle B—Armed Forces 

7 Retirement Home 

8 SEC. 1311. AUTHORIZATION OF APPROPRIATIONS FOR 

9 ARMED FORCES RETIREMENT HOME. 

10 There is hereby authorized to be appropriated for fis11 cal year 2012 from the Armed Forces Retirement Home 

12 Trust Fund the sum of $67,700,000 for the operation of 

13 the Armed Forces Retirement Home. 

14 TITLE XIV—AUTHORIZATION OF 

15 ADDITIONAL APPROPRIA16 TIONS FOR OVERSEAS CON17 TINGENCY OPERATIONS FOR 

18 FISCAL YEAR 2012 

19 SEC. 1401. PURPOSE. 

20 The purpose of this title is to authorize appropria21 tions for the Department of Defense for fiscal year 2012 

22 to provide additional funds for overseas contingency oper23 ations being carried out by the Armed Forces. 


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1 SEC. 1402. ARMY PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2012 for procurement for the Army in amounts 

4 as follows: 

5 (1) For aircraft procurement, $423,400,000. 

6 (2) For missile procurement, $126,556,000. 

7 (3) For weapons and tracked combat vehicles 

8 procurement, $37,117,000. 

9 (4) For ammunition procurement, 

10 $208,381,000. 

11 (5) For other procurement, $1,398,195,000. 

12 SEC. 1403. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

13 FUND. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2012 for the Joint Improvised Explosive Device 

16 Defeat Fund in the amount of $2,577,500,000. 

17 SEC. 1404. NAVY AND MARINE CORPS PROCUREMENT. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal year 2012 for procurement for the Navy and Marine 

20 Corps in amounts as follows: 

21 (1) For aircraft procurement, Navy, 

22 $730,960,000. 

23 (2) For weapons procurement, Navy, 

24 $41,070,000. 

25 (3) For ammunition procurement, Navy and 

26 Marine Corps, $317,100,000. 


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1 (4) For other procurement, Navy, 

2 $281,975,000. 

3 (5) For procurement, Marine Corps, 

4 $1,260,996,000. 

5 SEC. 1405. AIR FORCE PROCUREMENT. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2012 for procurement for the Air Force in 

8 amounts as follows: 

9 (1) For aircraft procurement, $527,865,000. 

10 (2) For ammunition procurement, $92,510,000. 

11 (3) For missile procurement, $28,420,000. 

12 (4) For other procurement, $3,204,641,000. 

13 SEC. 1406. JOINT URGENT OPERATIONAL NEEDS FUND. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2012 for the Joint Urgent Operational Needs 

16 Fund in the amount of $100,000,000. 

17 SEC. 1407. MINE RESISTANT AMBUSH PROTECTED VEHICLE 

18 FUND. 

19 Funds are hereby authorized to be appropriated for 

20 fiscal year 2012 for the Mine Resistant Ambush Protected 

21 Vehicle Fund in the amount of $3,195,170,000. 

22 SEC. 1408. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

23 Funds are hereby authorized to be appropriated for 

24 fiscal year 2012 for the procurement account for Defense25 wide activities in the amount of $469,968,000. 


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1 SEC. 1409. RESEARCH, DEVELOPMENT, TEST, AND EVALUA2 TION. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2012 for the use of the Department of Defense 

5 for research, development, test, and evaluation as follows: 

6 (1) For the Army, $8,513,000. 

7 (2) For the Navy, $53,884,000. 

8 (3) For the Air Force, $142,000,000. 

9 (4) For Defense-wide activities, $192,361,000. 

10 SEC. 1410. OPERATION AND MAINTENANCE. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2012 for the use of the Armed Forces for ex13 penses, not otherwise provided for, for operation and 

14 maintenance, in amounts as follows: 

15 (1) For the Army, $44,302,280,000. 

16 (2) For the Navy, $7,006,567,000. 

17 (3) For the Marine Corps, $3,571,210,000. 

18 (4) For the Air Force, $10,719,187,000. 

19 (5) For Defense-wide activities, 

20 $9,269,411,000. 

21 (6) For the Army Reserve, $217,500,000. 

22 (7) For the Navy Reserve, $74,148,000. 

23 (8) For the Marine Corps Reserve, 

24 $36,084,000. 

25 (9) For the Air Force Reserve, $142,050,000. 


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1 (10) For the Army National Guard, 

2 $387,544,000. 

3 (11) For the Air National Guard, $34,050,000. 

4 (12) For the Afghanistan Security Forces 

5 Fund, $12,800,000,000. 

6 (13) For the Afghanistan Infrastructure Fund, 

7 $475,000,000. 

8 SEC. 1411. MILITARY PERSONNEL. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2012 to the Department of Defense for military 

11 personnel accounts in the total amount of 

12 $11,111,324,000. 

13 SEC. 1412. WORKING CAPITAL FUNDS. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2012 for the use of the Armed Forces and other 

16 activities and agencies of the Department of Defense for 

17 providing capital for working capital and revolving funds 

18 in the amount of $435,013,000. 

19 SEC. 1413. DEFENSE HEALTH PROGRAM. 

20 Funds are hereby authorized to be appropriated for 

21 the Department of Defense for fiscal year 2012 for ex22 penses, not otherwise provided for, for the Defense Health 

23 Program in the amount of $1,228,288,000 for operation 

24 and maintenance. 


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1 SEC. 1414. DRUG INTERDICTION AND COUNTER-DRUG AC2 TIVITIES, DEFENSE-WIDE. 

3 Funds are hereby authorized to be appropriated for 

4 the Department of Defense for fiscal year 2012 for ex5 penses, not otherwise provided for, for Drug Interdiction 

6 and Counter-Drug Activities, Defense-wide in the amount 

7 of $486,458,000. 

8 SEC. 1415. DEFENSE INSPECTOR GENERAL. 

9 Funds are hereby authorized to be appropriated for 

10 the Department of Defense for fiscal year 2012 for ex11 penses, not otherwise provided for, for the Office of the 

12 Inspector General of the Department of Defense in the 

13 amount of $11,055,000. 

14 TITLE XV—ARMED FORCES 

15 RETIREMENT HOME 

16 SEC. 1501. AMENDMENT OF ARMED FORCES RETIREMENT 

17 HOME ACT OF 1991. 

18 Except as otherwise expressly provided, whenever in 

19 this title an amendment or repeal is expressed in terms 

20 of an amendment to, or a repeal of, a section or other 

21 provision, the reference shall be considered to be made to 

22 a section or other provision of the Armed Forces Retire23 ment Home Act of 1991 (title XV of Public Law 101– 

24 510; 24 U.S.C. 401 et seq.). 


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1 SEC. 1502. ANNUAL VALIDATION OF MULTIYEAR ACCREDI2 TATION. 

3 Section 1511(g) (24 U.S.C. 411(g)) is amended— 

4 (1) by striking ‘‘ACCREDITATION.—’’ and in5 serting ‘‘ACCREDITATION AND ANNUAL VALIDA6 TION.—(1)’’; 

7 (2) by inserting ‘‘(1)’’ before ‘‘The Chief Oper8 ating Officer shall’’; and 

9 (3) by adding at the end the following new 

10 paragraph: 

11 ‘‘(2) If the Chief Operating Officer secures ac12 creditation for a facility of the Retirement Home (or 

13 for any aspect of a facility of the Retirement Home) 

14 that is effective for a period of more than one year, 

15 then for each year after the first year for which such 

16 accreditation is in effect, the Chief Operating Officer 

17 shall seek to obtain, from the organization that 

18 awarded the accreditation, a validation of the ac19 creditation. However, the requirement in the pre20 ceding sentence does not apply with respect to a fa21 cility of the Retirement Home for any year for which 

22 the Inspector General of the Department of Defense 

23 conducts an inspection of that facility under section 

24 1518(b). 

25 ‘‘(B) In carrying out subparagraph (A) 

26 with respect to validation of an accreditation, 


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1 the Chief Operating Officer may substitute an2 other nationally recognized civilian accrediting 

3 organization if the organization that awarded 

4 the accreditation is not available.’’. 

5 SEC. 1503. CLARIFICATION OF RESPONSIBILITIES AND DU6 TIES OF SENIOR MEDICAL ADVISOR . 

7 (a) RESPONSIBILITIES.—Subsection (b)(1) of section 

8 1513A (24 U.S.C. 413a) is amended by striking ‘‘and the 

9 Chief Operating Officer’’ and inserting ‘‘, the Chief Oper10 ating Officer, and the Advisory Council’’. 

11 (b) DUTIES.—Subsection (c) of such section is 

12 amended— 

13 (1) in paragraph (3)— 

14 (A) by striking ‘‘and inspect’’ after ‘‘Peri15 odically visit’’; and 

16 (B) by inserting before the period ‘‘and re17 view medical reports, inspections, and records 

18 audits to make sure appropriate follow-up has 

19 been made’’; and 

20 (2) by striking paragraphs (4) and (5). 


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1 SEC. 1504. REPLACEMENT OF LOCAL BOARDS OF TRUSTEES 

2 FOR EACH FACILITY WITH SINGLE ADVISORY 

3 COUNCIL. 

4 (a) ESTABLISHMENT OF AFRH ADVISORY COUN5 CIL.—Section 1516 (24 U.S.C. 416) is amended to read 

6 as follows: 

7 ‘‘SEC. 1516. ADVISORY COUNCIL. 

8 ‘‘(a) ESTABLISHMENT.—The Retirement Home shall 

9 have an Advisory Council, to be known as the ‘Armed 

10 Forces Retirement Home Advisory Council’. The Advisory 

11 Council shall serve the interests of both facilities of the 

12 Retirement Home. 

13 ‘‘(b) DUTIES.—(1) The Advisory Council shall pro14 vide to the Chief Operating Officer and the Administrator 

15 of each facility such observations, advice and recommenda16 tions regarding the Retirement Home as the Advisory 

17 Council considers appropriate. 

18 ‘‘(2) Not less often than annually, the Advisory Coun19 cil shall submit to the Secretary of Defense a report sum20 marizing its activities during the preceding year and pro21 viding such observations and recommendations with re22 spect to the Retirement Home as the Advisory Council 

23 considers appropriate. 

24 ‘‘(3) In carrying out its functions, the Advisory Coun25 cil shall provide for participation in its activities by a repVerDate Mar 15 2010 04:39 May 25, 2011 Jkt 099200 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 E:\BILLS\S981.IS S981

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1 resentative of the resident advisory committee of each fa2 cility of the Retirement Home. 

3 ‘‘(c) COMPOSITION.—(1) The Advisory Council shall 

4 consist of at least 11 members, each of whom shall be a 

5 full or part-time Federal employee and at least one of 

6 whom shall be from the Department of Veterans Affairs. 

7 Members of the Advisory Council shall be designated by 

8 the Secretary of Defense, except that a member who is 

9 an employee of a department or agency outside of the De10 partment of Defense shall be designated by the head of 

11 such department or agency in consultation with the Sec12 retary of Defense. 

13 ‘‘(2) The Secretary of Defense shall designate one 

14 member of the Advisory Council to serve as the chairman 

15 of the Advisory Council. 

16 ‘‘(d) TERM OF SERVICE.—(1) Except as provided in 

17 paragraphs (2), (3), and (4), the term of service of a mem18 ber of the Advisory Council shall be two years. A member 

19 may be designated to serve one additional term. 

20 ‘‘(2) Unless earlier terminated by the Secretary of 

21 Defense, a person may continue to serve as a member of 

22 the Advisory Council after the expiration of the member’s 

23 term until a successor is designated. 

24 ‘‘(3) The Secretary of Defense may terminate the ap25 pointment of a member of the Advisory Council before the 


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1 expiration of the member’s term for any reason that the 

2 Secretary determines appropriate.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) DEFINITION.—Section 1502(2) (24 U.S.C. 

5 401(2)) is amended to read as follows: 

6 ‘‘(2) The term ‘Advisory Council’ means the 

7 Armed Forces Retirement Home Advisory Council 

8 established under section 1516.’’. 

9 (2) RESPONSIBILITIES AND DUTIES OF SENIOR

10 MEDICAL ADVISOR.—Section 1513A(b)(2) (24 

11 U.S.C. 413a(b)(2)) is amended by striking ‘‘to the 

12 Local Board’’ and all that follows through ‘‘the facil13 ity’’ and inserting ‘‘to the Advisory Council regard14 ing all medical and medical administrative matters 

15 of each such facility’’. 

16 (3) RESPONSIBILITIES OF CHIEF OPERATING

17 OFFICER.—Section 1515(c)(2) (24 U.S.C. 415(c)(2)) 

18 is amended by striking ‘‘, including the Local 

19 Boards of those facilities’’. 

20 (4) INSPECTION OF RETIREMENT HOME.—Sec21 tion 1518 (24 U.S.C. 418) is amended by striking 

22 ‘‘Local Board for the facility’’ each place it appears 

23 and inserting ‘‘Advisory Council’’. 


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1 SEC. 1505. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF 

2 FACILITIES. 

3 (a) LEADERSHIP OF FACILITIES OF THE RETIRE4 MENT HOME.—Section 1517 (24 U.S.C. 417) is amend5 ed— 

6 (1) in subsection (a), by striking ‘‘a Director, a 

7 Deputy Director, and an Associate Director’’ and in8 serting ‘‘an Administrator and an Ombudsman’’; 

9 (2) in subsections (b) and (c)— 

10 (A) by striking ‘‘DIRECTOR’’ in each sub11 section heading and inserting ‘‘ADMINIS12 TRATOR’’; and 

13 (B) by striking ‘‘Director’’ each place it 

14 appears and inserting ‘‘Administrator’’; 

15 (3) by striking subsections (d) and (e) and re16 designating subsections (f), (g), (h), and (i) as sub17 sections (d), (e), (f), and (g), respectively; 

18 (4) in subsection (d), as so redesignated— 

19 (A) by striking ‘‘ASSOCIATE DIRECTOR’’ in 

20 the subsection heading and inserting ‘‘OMBUDS21 MAN’’; and 

22 (B) by striking ‘‘Associate Director’’ in 

23 paragraphs (1) and (2) and inserting ‘‘Ombuds24 man’’; 

25 (5) in subsection (e), as so redesignated— 


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1 (A) by striking ‘‘ASSOCIATE DIRECTOR’’ in 

2 the subsection heading and inserting ‘‘OMBUDS3 MAN’’; 

4 (B) by striking ‘‘Associate Director’’ and 

5 inserting ‘‘Ombudsman’’; 

6 (C) by striking ‘‘Director and Deputy Di7 rector’’ and inserting ‘‘Administrator’’; and 

8 (D) by striking ‘‘Director may’’ and insert9 ing ‘‘Administrator may’’; 

10 (6) in subsection (f), as so redesignated, by 

11 striking ‘‘Director’’ each place it appears and insert12 ing ‘‘Administrator’’; and 

13 (7) in subsection (g), as so redesignated— 

14 (A) by striking ‘‘DIRECTORS’’ in the sub15 section heading and inserting ‘‘ADMINISTRA16 TORS’’; 

17 (B) by striking ‘‘Directors’’ in paragraph 

18 (1) and inserting ‘‘Administrators’’; and 

19 (C) by striking ‘‘a Director’’ in paragraph 

20 (2) and inserting ‘‘an Administrator’’. 

21 (b) CONFORMING AMENDMENTS.— 

22 (1) The following provisions are amended by 

23 striking ‘‘Director’’ each place it appears and insert24 ing ‘‘Administrator’’: sections 1511(d)(2), 1512(c), 


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1 1514(a), 1518(b)(4), 1518(c)(2), 1518(d)(2), 1520, 

2 1522, and 1523(b). 

3 (2) Sections 1514(b) and 1520(c) (24 U.S.C. 

4 414(b), 420(c)) are amended by striking ‘‘Directors’’ 

5 and inserting ‘‘Administrators’’. 

6 SEC. 1506. REVISION TO INSPECTION REQUIREMENTS. 

7 Section 1518 (24 U.S.C. 418) is amended— 

8 (1) in subsection (b)(1)— 

9 (A) by striking ‘‘In any year in which a fa10 cility of the Retirement Home is not inspected 

11 by a nationally recognized civilian accrediting 

12 organization,’’ and inserting ‘‘Not less often 

13 than every three years,’’; 

14 (B) by striking ‘‘of that facility’’ and in15 serting ‘‘of each facility of the Retirement 

16 Home’’; 

17 (C) by inserting ‘‘long-term care,’’ after 

18 ‘‘assisted living,’’; and 

19 (D) by striking ‘‘or council’’; 

20 (2) in subsection (b)(3), by striking ‘‘or coun21 cil’’; 

22 (3) in subsection (c)— 

23 (A) by striking paragraph (2); and 


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1 (B) by designating the second sentence as 

2 a new paragraph (2) and in that paragraph (as 

3 so designated)— 

4 (i) by striking ‘‘45 days’’ and insert5 ing ‘‘90 days’’; and 

6 (ii) by adding at the end the following 

7 new sentence: ‘‘The report shall include the 

8 Chief Operating Officer’s plan that ad9 dresses the recommendations and other 

10 matters set forth in the report.’’; and 

11 (4) in subsection (e)(1)— 

12 (A) by striking ‘‘45 days’’ and inserting 

13 ‘‘60 days’’; 

14 (B) by striking ‘‘Director of the facility 

15 concerned’’ and inserting ‘‘Chief Operating Of16 ficer’’; and 

17 (C) by striking ‘‘, the Chief Operating Of18 ficer,’’ after ‘‘Secretary of Defense’’. 

19 SEC. 1507. REPEAL OF OBSOLETE PROVISIONS. 

20 Part B, relating to transitional provisions for the 

21 Armed Forces Retirement Home Board and the Directors 

22 and Deputy Directors of the facilities of the Armed Forces 

23 Retirement Home is hereby repealed. 


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1 SEC. 1508. TECHNICAL, CONFORMING, AND CLERICAL 

2 AMENDMENTS. 

3 (a) CORRECTION OF OBSOLETE REFERENCES TO RE4 TIREMENT HOME BOARD.— 

5 (1) ARMED FORCES RETIREMENT HOME ACT.— 

6 Section 1519(a)(2) (24 U.S.C. 419(a)(2)) is amend7 ed by striking ‘‘Retirement Home Board’’ and in8 serting ‘‘Chief Operating Officer’’. 

9 (2) TITLE 10, U.S.C.—Section 2772(b) of title 

10 10, United States Code, is amended by striking 

11 ‘‘Armed Forces Retirement Home Board’’ and in12 serting ‘‘Chief Operating Officer of the Armed 

13 Forces Retirement Home’’. 

14 (b) SECTION HEADINGS.— 

15 (1) SECTION 1501.—The heading of section 

16 1501 is amended to read as follows: 

17 ‘‘SEC. 1501. SHORT TITLE; TABLE OF CONTENTS.’’. 

18 (2) SECTION 1513.—The heading of section 

19 1513 is amended to read as follows: 

20 ‘‘SEC. 1513. SERVICES PROVIDED TO RESIDENTS.’’. 

21 (3) SECTION 1513A.—The heading of section 

22 1513A is amended to read as follows: 

23 ‘‘SEC. 1513A. OVERSIGHT OF HEALTH CARE PROVIDED TO 

24 RESIDENTS.’’. 

25 (4) SECTION 1517.—The heading of section 

26 1517 is amended to read as follows: 


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1 ‘‘SEC. 1517. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF 

2 FACILITIES.’’. 

3 (5) SECTION 1518.—The heading of section 

4 1518 is amended to read as follows: 

5 ‘‘SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME 

6 FACILITIES BY DEPARTMENT OF DEFENSE 

7 INSPECTOR GENERAL AND OUTSIDE INSPEC8 TORS.’’. 

9 (6) PUNCTUATION.—The headings of sections 

10 1512 and 1520 are amended by adding a period at 

11 the end. 

12 (c) PART A HEADER.—The heading for part A is re13 pealed. 

14 (d) TABLE OF CONTENTS.—The table of contents in 

15 section 1501(b) is amended— 

16 (1) by striking the item relating to the heading 

17 for part A; 

18 (2) by striking the items relating to sections 

19 1513 and 1513A and inserting the following: 

‘‘Sec. 1513. Services provided to residents. 

‘‘Sec. 1513A. Oversight of health care provided to residents.’’; 

20 (3) by striking the items relating to sections 

21 1516, 1517, and 1518 and inserting the following: 

‘‘Sec. 1516. Advisory Council. 

‘‘Sec. 1517. Administrators, Ombudsmen, and staff of facilities. 

‘‘Sec. 1518. Periodic inspection of Retirement Home facilities by Department of 

Defense Inspector General and outside inspectors.’’; 

22 and 


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1

2 (4) by striking the items relating to part B (in3 cluding the items relating to sections 1531, 1532, 

4 and 1533). 

5 TITLE XVI—REDUCTION IN DE6 PARTMENT OF DEFENSE RE7 PORTING REQUIREMENTS 

8 Subtitle A—Repeal of Existing 

9 Report Requirements 

10 SEC. 1601. REPEAL OF REPORTING REQUIREMENTS UNDER 

11 TITLE 10, UNITED STATES CODE. 

12 Title 10, United States Code, is amended as follows: 

13 (1) Section 113 is amended— 

14 (A) by striking subsection (j); and 

15 (B) by striking subsection (m). 

16 (2) Section 116 is repealed, and the table of sections 

17 at the beginning of chapter 2 is amended by striking the 

18 item relating to that section. 

19 (3) Section 117 is amended by striking subsection 

20 (e). 

21 (4) Section 127 is amended by striking subsection 

22 (d). 

23 (5) Section 127a(a) is amended by striking para24 graph (3). 

25 (6) Section 129 is amended by striking subsection (f). 


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1 (7) Section 153 is amended by striking subsection 

2 (c). 

3 (8) Section 184 is amended by striking subsection 

4 (h). 

5 (9) Section 427 is repealed, and the table of sections 

6 at the beginning of subchapter I of chapter 21 is amended 

7 by striking the item relating to that section. 

8 (10) Section 437 is amended by striking subsection 

9 (c). 

10 (11) Section 483 is repealed, and the table of sections 

11 at the beginning of chapter 23 is amended by striking the 

12 item relating to that section. 

13 (12) Section 484 is repealed, and the table of sections 

14 at the beginning of chapter 23 is amended by striking the 

15 item relating to that section. 

16 (13) Section 485 is repealed, and the table of sections 

17 at the beginning of chapter 23 is amended by striking the 

18 item relating to that section. 

19 (14) Section 486 is repealed, and the table of sections 

20 at the beginning of chapter 23 is amended by striking the 

21 item relating to that section. 

22 (15) Section 487 is repealed, and the table of sections 

23 at the beginning of chapter 23 is amended by striking the 

24 item relating to that section. 


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1 (16) Section 489 is repealed, and the table of sections 

2 at the beginning of chapter 23 is amended by striking the 

3 item relating to that section. 

4 (17) Section 490 is repealed, and the table of sections 

5 at the beginning of chapter 23 is amended by striking the 

6 item relating to that section. 

7 (18) Section 652 is repealed, and the table of sections 

8 at the beginning of chapter 37 is amended by striking the 

9 item relating to that section. 

10 (19) Section 983(e)(1) is amended— 

11 (A) by striking the comma after ‘‘Sec12 retary of Education’’ and inserting ‘‘and’’; and 

13 (B) by striking ‘‘, and to Congress’’. 

14 (20) Section 1130 by striking subsection (b). 

15 (21) Section 1178 is amended— 

16 (A) by striking ‘‘(a) REQUIREMENT TO

17 ESTABLISH SYSTEM.—’’; and 

18 (B) by striking subsection (b). 

19 (22) Section 1557 is amended by striking subsection 

20 (e). 

21 (23) Section 1563 is repealed, and the table of sec22 tions at the beginning of chapter 80 is amended by strik23 ing the item relating to that section. 

24 (24) Section 1597 is amended by striking subsections 

25 (c), (d), and (e). 


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1 (25) Section 1781b is amended by striking subsection 

2 (d). 

3 (26) Section 2010 is amended by striking subsection 

4 (b). 

5 (27) Section 2216 is amended by striking subsection 

6 (i). 

7 (28) Section 2244a(c) is amended by striking the sec8 ond sentence. 

9 (29) Section 2281 is amended by striking subsection 

10 (d). 

11 (30) Section 2282 is repealed, and the table of sec12 tions at the beginning of chapter 136 is amended by strik13 ing the item relating to that section. 

14 (31) Section 2350a(g) is amended by striking para15 graph (3). 

16 (32) Section 2350b is amended by striking subsection 

17 (d). 

18 (33) Section 2350j is amended by striking subsection 

19 (e). 

20 (34) Section 2350m is amended by striking sub21 section (e). 

22 (35) Section 2352 is repealed, and the table of sec23 tions at the beginning of chapter 139 is amended by strik24 ing the item relating to that section. 


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1 (36) Section 2410i(c) is amended by striking the last 

2 sentence. 

3 (37) Section 2410m is amended by striking sub4 section (c). 

5 (38) Section 2461 is amended by striking subsection 

6 (c). 

7 (39) Section 2475 is repealed, and the table of sec8 tions at the beginning of chapter 146 is amended by strik9 ing the item relating to that section. 

10 (40) Section 2493 is amended by striking subsection 

11 (g). 

12 (41) Section 2504 is repealed, and the table of sec13 tions at the beginning of subchapter II of chapter 148 is 

14 amended by striking the item relating to that section. 

15 (42) Section 2515 is amended by striking subsection 

16 (d). 

17 (43) Section 2582 is repealed, and the table of sec18 tions at the beginning of chapter 153 is amended by strik19 ing the item relating to that section. 

20 (44) Section 2684a is amended by striking subsection 

21 (g). 

22 (45) Section 2688 is amended— 

23 (A) by striking subsections (a)(2) and (f); 

24 and 


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1 (B) in subsection (h), by striking the last 

2 sentence. 

3 (46) Section 2706 is repealed, and the table of sec4 tions at the beginning of chapter 160 is amended by strik5 ing the item relating to that section. 

6 (47) Section 2815 is repealed, and the table of sec7 tions at the beginning of subchapter I of chapter 169 is 

8 amended by striking the item relating to that section. 

9 (48) Section 2825(c)(1) is amended— 

10 (A) by inserting ‘‘and’’ at the end of sub11 paragraph (A); 

12 (B) by striking the semicolon at the end of 

13 subparagraph (B) and inserting a period; and 

14 (C) by striking subparagraphs (C) and 

15 (D). 

16 (49) Section 2826 is amended— 

17 (A) by striking ‘‘(a) LOCAL COM18 PARABILITY.—’’; and 

19 (B) by striking subsection (b). 

20 (50) Section 2827 is amended— 

21 (A) by striking ‘‘(a) Subject to subsection 

22 (b), the Secretary’’ and inserting ‘‘The Sec23 retary’’; and 

24 (B) by striking subsection (b). 


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1 (51) Section 2828 is amended by striking subsection 

2 (f). 

3 (52) Section 2835 is amended— 

4 (A) in subsection (a), by striking ‘‘Subject 

5 to subsection (b), the Secretary’’ and inserting 

6 ‘‘The Secretary’’; 

7 (B) by striking subsection (b); and 

8 (C) by striking subsection (g). 

9 (53) Section 2836 is amended— 

10 (A) in subsection (a), by striking ‘‘Subject 

11 to subsection (b), the Secretary’’ and inserting 

12 ‘‘The Secretary’’; 

13 (B) by striking subsection (b); and 

14 (C) by striking subsection (f). 

15 (54) Section 2837 is amended— 

16 (A) in subsection (c)— 

17 (i) by striking ‘‘(1)’’ after ‘‘OPPORTU18 NITIES.—’’; and 

19 (ii) by striking paragraph (2); and 

20 (B) by striking subsection (f). 

21 (55) Section 2853(c) is amended by striking ‘‘by the 

22 Secretary concerned and—’’ and all that follows and in23 serting ‘‘by the Secretary concerned.’’. 

24 (56) Section 2854a is amended by striking subsection 

25 (c). 


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1 (57) Section 2861 is amended by striking subsection 

2 (d). 

3 (58) Section 2866(c) is amended— 

4 (A) by striking ‘‘(1)’’ before ‘‘The Sec5 retary’’; and 

6 (B) by striking paragraph (2). 

7 (59) Section 2875 is amended by striking subsection 

8 (e). 

9 (60)(A) Section 2884 is amended— 

10 (i) by striking subsection (b); and 

11 (ii) in subsection (a)— 

12 (I) by striking ‘‘PROJECT RE13 PORTS.—(1)’’ and inserting ‘‘RE14 PORTS.—’’; 

15 (II) by redesignating subpara16 graphs (A) and (B) as paragraphs (1) 

17 and (2), respectively; and 

18 (III) by striking ‘‘(2) For each’’ 

19 and inserting ‘‘(b) CONTENT OF RE20 PORTS.—(1) For each’’. 

21 (B) Such section is further amended— 

22 (i) by redesignating paragraphs (3) 

23 and (4) of subsection (b) of such section 

24 (as designated by subparagraph 


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1 (A)(ii)(III)) as paragraphs (2) and (3), re2 spectively; and 

3 (ii) in paragraph (2) of subsection (b), 

4 as so redesignated, by striking ‘‘contract 

5 described in paragraph (1)’’ and inserting 

6 ‘‘contract described in subsection (a)’’. 

7 (C)(i) The heading of such section is 

8 amended to read as follows: 

9 ‘‘§ 2884. Project reports’’. 

10 (ii) The item relating to that section in the 

11 table of sections at the beginning of subchapter 

12 IV of chapter 169 is amended to read as fol13 lows: 

‘‘2884. Project reports.’’. 

14 (61) Section 2916 is amended by striking subsection 

15 (c). 

16 (62) Section 7296 is repealed, and the table of sec17 tions at the beginning of chapter 633 is amended by strik18 ing the item relating to that section. 

19 (63) Section 7310 is amended by striking subsection 

20 (c). 

21 (64) Section 9356 is amended— 

22 (A) in subsection (a), by striking ‘‘Subject 

23 to subsection (c), the Secretary’’ and inserting 

24 ‘‘The Secretary’’; and 

25 (B) by striking subsection (c). 


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1 (65) Section 10504 is repealed, and the table of sec2 tions at the beginning of chapter 1011 is amended by 

3 striking the item relating to that section. 

4 (66) Section 12302(b) is amended by striking the last 

5 sentence. 

6 (67) Section 16137 is repealed, and the table of sec7 tions at the beginning of chapter 1606 is amended by 

8 striking the item relating to that section. 

9 SEC. 1602. REPEAL OF REPORTING REQUIREMENTS UNDER 

10 ANNUAL DEFENSE AUTHORIZATION ACTS. 

11 (a) FISCAL YEAR 2011.—The Ike Skelton National 

12 Defense Authorization Act for Fiscal Year 2011 (Public 

13 Law 111–383) is amended as follows: 

14 (1) Section 225 (124 Stat. 4170; 10 U.S.C. 

15 223 note) is amended by striking subsection (d). 

16 (2) Section 892 (124 Stat. 4310; 10 U.S.C. 

17 2306a note) is repealed. 

18 (b) FISCAL YEAR 2010.—The National Defense Au19 thorization Act for Fiscal Year 2010 (Public Law 111– 

20 84) is amended as follows: 

21 (1) Section 219 (123 Stat. 2228) is amended 

22 by striking subsection (c). 

23 (2) Section 1113(e)(1) (123 Stat. 2502) is 

24 amended by striking ‘‘, which information shall be’’ 

25 and all that follows through ‘‘semiannual basis’’. 


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1 (3) Section 1232 (123 Stat. 2531) is repealed. 

2 (4) Section 1245 (123 Stat. 2542) is repealed. 

3 (c) FISCAL YEAR 2009.—The Duncan Hunter Na4 tional Defense Authorization Act for Fiscal Year 2009 

5 (Public Law 110–417) is amended as follows: 

6 (1) Section 354 (122 Stat. 4426; 10 U.S.C. 

7 221 note) is repealed. 

8 (2) Section 1504 (10 U.S.C. 2358 note) is 

9 amended by striking subsection (c). 

10 (d) FISCAL YEAR 2008.—The National Defense Au11 thorization Act for Fiscal Year 2008 (Public Law 110– 

12 181) is amended as follows: 

13 (1) Section 885 (10 U.S.C. 2304 note) is 

14 amended— 

15 (A) in subsection (a), by striking the last 

16 sentence of paragraph (2); and 

17 (B) in subsection (b), by striking ‘‘the date 

18 of the enactment of this Act’’ both places it ap19 pears and inserting ‘‘January 28, 2008’’. 

20 (2) Section 911 (10 U.S.C. 2271 note) is 

21 amended by striking paragraph (2) of subsection (f). 

22 (3) Section 2864 (10 U.S.C. 2911 note) is re23 pealed. 


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1 (e) FISCAL YEAR 2007.—The John Warner National 

2 Defense Authorization Act for Fiscal Year 2007 (Public 

3 Law 109–364) is amended as follows: 

4 (1) Section 347 (10 U.S.C. 221 note) is re5 pealed. 

6 (2) Section 731 (10 U.S.C. 1095c note) is 

7 amended by striking subsection (d). 

8 (3) Section 732 (10 U.S.C. 1073 note) is 

9 amended by striking subsection (d). 

10 (4) Section 1104 (10 U.S.C. note prec. 711) is 

11 amended— 

12 (A) by striking subsection (a); and 

13 (B) in subsection (c), by striking ‘‘(a) or’’. 

14 (5) Section 1231 (22 U.S.C. 2776a) is repealed. 

15 (6) Section 1402 (10 U.S.C. 113 note) is re16 pealed. 

17 (7) Section 2405 (120 Stat. 2460) is amended 

18 by striking subsection (d). 

19 (f) FISCAL YEAR 2006.—Section 716 of the National 

20 Defense Authorization Act for Fiscal Year 2006 (Public 

21 Law 109–163; 10 U.S.C. 1073 note) is amended by strik22 ing subsection (b). 

23 (g) FISCAL YEAR 2005.—The Ronald W. Reagan 

24 National Defense Authorization Act for Fiscal Year 2005 

25 (Public Law 108–375) is amended as follows: 


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1 (1) Section 731 (10 U.S.C. 1074 note) is 

2 amended by striking subsection (c). 

3 (2) Section 1041 (118 Stat. 2048; 10 U.S.C. 

4 229 note) is repealed. 

5 (h) FISCAL YEAR 2004.—The National Defense Au6 thorization Act for Fiscal Year 2004 (Public Law 108– 

7 136) is amended as follows: 

8 (1) Section 812 (117 Stat. 1542) is amended 

9 by striking subsection (c). 

10 (2) Section 1601 (10 U.S.C. 2358 note) is 

11 amended by striking paragraph (5) of subsection 

12 (d). 

13 (i) FISCAL YEAR 2003.—The Bob Stump National 

14 Defense Authorization Act for Fiscal Year 2003 (Public 

15 Law 107–314) is amended as follows: 

16 (1) Section 221 (10 U.S.C. 2431 note) is re17 pealed. 

18 (2) Section 817 (10 U.S.C. 2306a note) is 

19 amended by striking subsections (d) and (e)(2). 

20 (j) FISCAL YEAR 2002.—The National Defense Au21 thorization Act for Fiscal Year 2002 (Public Law 107– 

22 107) is amended as follows: 

23 (1) Section 232 (10 U.S.C. 2431 note) is 

24 amended— 

25 (A) by striking subsection (c); 


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1 (B) by striking subsection (d); and 

2 (C) by striking paragraph (3) of subsection 

3 (h). 

4 (2) Section 1008 (10 U.S.C. 113 note) is 

5 amended by striking subsection (a). 

6 (k) FISCAL YEAR 2001.—The Floyd D. Spence Na7 tional Defense Authorization Act for Fiscal Year 2001 (as 

8 enacted into law by Public Law 106–398) is amended as 

9 follows: 

10 (1) Section 374 (10 U.S.C. 2851 note) is re11 pealed. 

12 (2) Section 1212 (114 Stat. 1654A–326) is 

13 amended— 

14 (A) by striking subsection (c); and 

15 (B) by striking subsection (d). 

16 (3) Section 1213 (114 Stat. 1654A–327) is re17 pealed. 

18 (4) Section 1308 (22 U.S.C. 5959) is amended 

19 by striking paragraph (7) of subsection (c). 

20 (l) FISCAL YEAR 2000.—The National Defense Au21 thorization Act for Fiscal Year 2000 (Public Law 106– 

22 65) is amended as follows: 

23 (1) Section 1025 (10 U.S.C. 113 note) is re24 pealed. 


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1 (2) Section 1035 (113 Stat. 753), as amended 

2 by section 1211 of the Floyd D. Spence National 

3 Defense Authorization Act for Fiscal Year 2001 (as 

4 enacted into law by Public Law 106–398; 114 Stat. 

5 1654A–325), is repealed. 

6 (3) Section 1201 (10 U.S.C. 168 note) is 

7 amended by striking subsection (d). 

8 (m) FISCAL YEAR 1999.—Section 1101 of the Strom 

9 Thurmond National Defense Authorization Act for Fiscal 

10 Year 1999 (Public Law 105–261; 5 U.S.C. 3104 note) is 

11 amended by striking subsection (g). 

12 (n) FISCAL YEAR 1998.—The National Defense Au13 thorization Act for Fiscal Year 1998 (Public Law 105– 

14 85) is amended as follows: 

15 (1) Section 234 (50 U.S.C. 2367) is repealed. 

16 (2) Section 349 (10 U.S.C. 2702 note) is 

17 amended by striking subsection (e). 

18 (o) FISCAL YEARS 1992 AND 1993.—Section 2868 

19 of the National Defense Authorization Act for Fiscal 

20 Years 1992 and 1993 (Public Law 102–190; 10 U.S.C. 

21 2802 note) is repealed. 

22 (p) FISCAL YEAR 1991.—The National Defense Au23 thorization Act for Fiscal Year 1991 (Public Law 101– 

24 510) is amended as follows: 


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1 (1) Section 831 (10 U.S.C. 2302 note) is 

2 amended by striking subsection (l). 

3 (2) Section 2921 (10 U.S.C. 2687 note) is 

4 amended— 

5 (A) by striking subsections (e) and (f); and 

6 (B) in subsection (g)— 

7 (i) by striking paragraph (2); and 

8 (ii) in paragraph (3), by striking ‘‘or 

9 (2)’’. 

10 (3) Section 4004(d) (10 U.S.C. 2391 note) is 

11 amended— 

12 (A) by inserting ‘‘and’’ at the end of para13 graph (1); 

14 (B) by striking ‘‘; and’’ at the end of para15 graph (2) and inserting a period; and 

16 (C) by striking paragraph (3). 

17 SEC. 1603. REPEAL OF REPORTING REQUIREMENTS UNDER 

18 OTHER LAWS. 

19 (a) DEFENSE ACQUISITION IMPROVEMENT ACT OF

20 1986.—Section 908 of the Defense Acquisition Improve21 ment Act of 1986 (as contained in section 101(c) of Public 

22 Law 99–500 and identically enacted in section 101(c) of 

23 Public Law 99–591 and title IX of Public Law 99–661) 

24 (10 U.S.C. 2326 note) is amended by striking subsection 

25 (b). 


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1 (b) ARMED FORCES RETIREMENT HOME ACT OF

2 1991.—Section 1511 of the Armed Forces Retirement 

3 Home Act of 1991 (24 U.S.C. 411) is amended by striking 

4 subsection (h). 

5 (c) TITLE 37, UNITED STATES CODE.—Section 402a 

6 of title 37, United States Code, is amended by striking 

7 subsection (f). 

8 (d) TITLE 38, UNITED STATES CODE.—Section 3020 

9 of title 38, United States Code, is amended by striking 

10 subsection (l). 

11 (e) INTELLIGENCE REFORM AND TERRORISM PRE12 VENTION ACT OF 2004.—Section 3002(c) of the Intel13 ligence Reform and Terrorism Prevention Act of 2004 (50 

14 U.S.C. 435c(c)) is amended by striking paragraph (4). 

15 (f) IMPLEMENTING RECOMMENDATIONS OF THE 9/11 

16 COMMISSION ACT OF 2007.—The Implementing Rec17 ommendations of the 9/11 Commission Act of 2007 (Pub18 lic Law 110–53) is amended as follows: 

19 (1) Section 804 (42 U.S.C. 2000ee–3) is re20 pealed. 

21 (2) Section 1821 (50 U.S.C. 2911) is amended 

22 by striking paragraphs (2) and (3) of subsection (b). 

23 (g) SMALL BUSINESS ACT.—Section 9(y) of the 

24 Small Business Act (15 U.S.C. 638(y)) is amended by 

25 striking paragraph (5). 


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1 (h) FOREIGN ASSISTANCE ACT OF 1961.—The For2 eign Assistance Act of 1961 is amended as follows: 

3 (1) Section 516(f)(1) (22 U.S.C. 2321j(f)(1)) is 

4 amended by striking ‘‘excess defense articles that 

5 are significant military equipment (as defined in sec6 tion 47(9) of the Arms Export Control Act) or’’. 

7 (2) Section 656 (22 U.S.C. 2416) is repealed. 

8 (i) DEPARTMENT OF DEFENSE APPROPRIATIONS

9 ACT, 2002.—Section 8159(c) of the Department of De10 fense Appropriations Act, 2002 (division A of Public Law 

11 107–117; 115 Stat. 2284), is amended by striking para12 graph (7). 

13 Subtitle B—Modifications to 

14 Existing Report Requirements 

15 SEC. 1611. MODIFICATION TO REPORTING REQUIREMENTS 

16 UNDER TITLE 10, UNITED STATES CODE. 

17 Title 10, United States Code, is amended as follows: 

18 (1)(A) Section 115b is amended— 

19 (i) in subsection (a)— 

20 (I) by striking ‘‘ANNUAL’’ and 

21 inserting ‘‘BIENNIAL’’; and 

22 (II) by striking ‘‘on an annual 

23 basis’’ and inserting ‘‘in every even24 numbered year’’; and 


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1 (ii) in subsection (b)(1)(A), by strik2 ing ‘‘during the seven-year period following 

3 the year in which the plan is submitted’’ 

4 and inserting ‘‘during the five-year period 

5 corresponding to the ongoing Future-Years 

6 Defense Plan’’. 

7 (B)(i) The heading of such section is amended 

8 to read as follows: 

9 ‘‘§ 115b. Biennial strategic workforce plan’’. 

10 (ii) The item relating to that section in the 

11 table of sections at the beginning of chapter 2 is 

12 amended to read as follows: 

‘‘115b. Biennial strategic workforce plan.’’. 

13 (2) Section 127b(f) is amended by striking 

14 ‘‘December 1’’ and inserting ‘‘February 1’’. 

15 (3) Section 138c(e)(4) is amended by striking 

16 ‘‘Not later than 10 days’’ and all that follows 

17 through ‘‘title 31,’’ and inserting ‘‘Not later than 

18 March 31 in any year,’’. 

19 (4) Section 408(f) is amended to read as fol20 lows: 

21 ‘‘(f) CONGRESSIONAL OVERSIGHT.—Whenever the 

22 Secretary of Defense provides assistance to a foreign coun23 try under this section, the Secretary shall submit to the 

24 congressional defense committees a report on the assist25 ance provided. Each such report shall identify the country 


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1 to which the assistance was provided and shall include a 

2 description of the type and amount of the assistance pro3 vided.’’. 

4 (5) Section 2401(h) is amended— 

5 (A) by striking ‘‘only if—’’ and all that fol6 lows through ‘‘of the proposed’’ and inserting 

7 ‘‘only if the Secretary has notified the congres8 sional defense committees of the proposed’’; 

9 (B) by striking paragraph (2); 

10 (C) by redesignating subparagraphs (A), 

11 (B), and (C) as paragraphs (1), (2), and (3), 

12 respectively, and realigning those paragraphs so 

13 as to be indented two ems from the left margin; 

14 and 

15 (D) by striking ‘‘; and’’ at the end of para16 graph (3), as so redesignated, and inserting a 

17 period. 

18 (6) Section 2482(d)(1) is amended by inserting 

19 ‘‘in the United States’’ after ‘‘commissary store’’. 

20 (7) Section 2645(d) is amended by striking 

21 ‘‘$1,000,000’’ and inserting ‘‘$10,000,000’’. 

22 (8) Section 2803(b) is amended by striking 

23 ‘‘21-day period’’ and inserting ‘‘seven-day period’’. 

24 (9) Section 2804(b) is amended by striking 

25 ‘‘14-day’’ and inserting ‘‘seven-day’’. 


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1 (10) Section 2811(d) is amended by striking 

2 ‘‘$7,500,000’’ and inserting ‘‘$10,000,000’’. 

3 (11) Section 2885(a)(3) is amended by striking 

4 ‘‘If a project’’ and inserting ‘‘In the case of a project 

5 for new construction, if the project’’. 

6 (12) Section 9514(c) is amended by striking 

7 ‘‘$1,000,000’’ and inserting ‘‘$10,000,000’’. 

8 (13) Section 10541(a) is amended by striking 

9 ‘‘February 15’’ and inserting ‘‘April 15’’. 

10 (14) Section 10543(c)(3) is amended by strik11 ing ‘‘not later than 15 days’’ and inserting ‘‘not 

12 later than 90 days’’. 

13 SEC. 1612. MODIFICATION TO REPORTING REQUIREMENTS 

14 UNDER ANNUAL DEFENSE AUTHORIZATION 

15 ACTS . 

16 (a) FISCAL YEAR 2010.—Section 121(e) of the Na17 tional Defense Authorization Act for Fiscal Year 2010 

18 (Public Law 111–84; 123 Stat. 2212) is amended by strik19 ing paragraph (5). 

20 (b) FISCAL YEAR 2008.—The National Defense Au21 thorization Act for Fiscal Year 2008 (Public Law 110– 

22 181) is amended as follows: 

23 (1) Section 958 (122 Stat. 297) is amended— 


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1 (A) in subsection (a), by striking ‘‘240 

2 days after the date of the enactment of this 

3 Act’’ and inserting ‘‘June 30, 2012’’; and 

4 (B) in subsection (d), by striking ‘‘Decem5 ber 31, 2013’’ and inserting ‘‘June 30, 2014’’. 

6 (2) Section 1074(b)(6) (10 U.S.C. 113 note) is 

7 amended— 

8 (A) in subparagraph (A), by striking ‘‘The 

9 Secretary’’ and inserting ‘‘Except as provided 

10 in subparagraph (D), the Secretary’’; and 

11 (B) by adding at the end the following new 

12 subparagraph: 

13 ‘‘(D) EXCEPTIONS.—Subparagraph (A) 

14 does not apply in the case of— 

15 ‘‘(i) an individual described in para16 graph (2)(C) who is otherwise sponsored 

17 by the Secretary of Defense, the Deputy 

18 Secretary of Defense, the Chairman of the 

19 Joint Chiefs of Staff, or the Vice Chair20 man of the Joint Chiefs of Staff; or 

21 ‘‘(ii) an individual described in para22 graph (2)(E).’’. 

23 (3) Section 1107 (10 U.S.C. 2358 note) is 

24 amended— 

25 (A) in subsection (d)— 


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1 (i) by striking ‘‘beginning with March 

2 1, 2008,’’; and 

3 (ii) by inserting ‘‘a report containing’’ 

4 after ‘‘to Congress’’; and 

5 (B) in subsection (e)— 

6 (i) in paragraph (1), by striking ‘‘Not 

7 later than’’ and all that follows through 

8 ‘‘the information’’ and inserting ‘‘The Sec9 retary shall include in each report under 

10 subsection (d) the information’’; and 

11 (ii) in paragraph (2), by striking 

12 ‘‘under this subsection’’ and inserting 

13 ‘‘under subsection (d)’’. 

14 (4) Section 1674(c) (122 Stat. 483) is amend15 ed— 

16 (A) by striking ‘‘After submission’’ and all 

17 that follows through ‘‘that patients,’’ and in18 serting ‘‘Patients,’’; and 

19 (B) by striking ‘‘have not been moved or 

20 disestablished until’’ and inserting ‘‘may not be 

21 moved or disestablished until the Secretary of 

22 Defense has certified to the congressional de23 fense committees that’’. 

24 (c) FISCAL YEAR 2002.—Section 1008 of the Na25 tional Defense Authorization Act for Fiscal Year 2002 


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1 (Public Law 107–107; 10 U.S.C. 113 note), as amended 

2 by section 1302, is further amended— 

3 (1) by redesignating subsections (b), (c), (d), 

4 (e), and (f) as subsections (a), (b), (c), (d), and (e), 

5 respectively; and 

6 (2) in subsection (c), as so redesignated, by 

7 striking ‘‘(b) or (c)’’ and inserting ‘‘(a) or (b)’’. 

8 SEC. 1613. MODIFICATION TO REPORTING REQUIREMENTS 

9 UNDER OTHER LAWS. 

10 (a) TITLE 32, UNITED STATES CODE.—Section 

11 908(a) of title 32, United States Code, is amended by 

12 striking ‘‘After the end of each fiscal year,’’ and inserting 

13 ‘‘After the end of any fiscal year during which any assist14 ance was provided or activities were carried out under this 

15 chapter,’’. 

16 (b) TITLE 37, UNITED STATES CODE.—Section 

17 316a(f) of title 37, United States Code, is amended by 

18 striking ‘‘January 1, 2010’’ and inserting ‘‘April 1, 

19 2012’’. 

20 (c) DEFENSE BASE CLOSURE AND REALIGNMENT

21 ACT OF 1990.—The Defense Base Closure and Realign22 ment Act of 1990 (part A of title XXIX of Public Law 

23 101–510; 10 U.S.C. 2687 note) is amended as follows: 

24 (1) Section 2906(c) is amended by striking 

25 paragraph (1). 


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1 (2) Section 2907 is amended— 

2 (A) in subsection (a), by striking ‘‘fiscal 

3 year 2016’’ and inserting ‘‘fiscal year 2012’’; 

4 and 

5 (B) in subsection (b), by striking ‘‘fiscal 

6 year 2014’’ and inserting ‘‘fiscal year 2012’’. 

7 (d) UNIFORMED AND OVERSEAS CITIZENS ABSEN8 TEE VOTING ACT.—The Uniformed and Overseas Citizens 

9 Absentee Voting Act is amended as follows: 

10 (1) Section 102(c) (42 U.S.C. 1973ff–1(c)) is 

11 amended by striking ‘‘Election Assistance Commis12 sion (established under the Help America Vote Act 

13 of 2002)’’ and inserting ‘‘Presidential designee’’. 

14 (2) Section 105A(b) (42 U.S.C. 1973ff–4a(b)) 

15 is amended— 

16 (A) in the subsection heading, by striking 

17 ‘‘Annual Report’’ and inserting ‘‘Biennial Re18 port’’; 

19 (B) in the matter preceding paragraph 

20 (1)— 

21 (i) by striking ‘‘March 31 of each 

22 year’’ and inserting ‘‘September 30 of each 

23 odd-numbered year’’; and 

24 (ii) by striking ‘‘the following informa25 tion’’ and inserting ‘‘the following informaVerDate Mar 15 2010 04:39 May 25, 2011 Jkt 099200 PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 E:\BILLS\S981.IS S981

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1 tion with respect to the Federal election 

2 held during the preceding calendar year’’; 

3 and 

4 (C) in paragraph (3), by striking ‘‘In the 

5 case of’’ and all that follows through ‘‘a de6 scription’’ and inserting ‘‘A description’’. 

7 (e) HELP AMERICA VOTE ACT.—The Help America 

8 Vote Act (42 U.S.C. 15301 et seq.) is amended as follows: 

9 (1) Section 241 (42 U.S.C. 15381) is amend10 ed— 

11 (A) in subsection (a)(1), by striking ‘‘mem12 bers of the uniformed services and overseas vot13 ers,’’; and 

14 (B) in subsection (b)— 

15 (i) by striking paragraph (16) and re16 designating paragraphs (17), (18), and 

17 (19) as paragraphs (16), (17), and (18), 

18 respectively; and 

19 (ii) in paragraph (18), as redesignated 

20 by clause (i), by striking the period at the 

21 end and inserting ‘‘but not to include mat22 ters specifically focused on uniformed serv23 ices and overseas voters.’’. 

24 (2) Section 703 (42 U.S.C. 1973ff–1 note) is 

25 amended by striking subsection (b). 


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1 (f) ARMS EXPORT CONTROL ACT.—Section 36(a) of 

2 the Arms Export Control Act (22 U.S.C. 2776(a)) is 

3 amended— 

4 (1) by striking ‘‘end of each quarter’’ in the 

5 matter preceding paragraph (1) and inserting ‘‘end 

6 of each fiscal year’’; 

7 (2) by striking ‘‘during the fiscal year in 

8 which’’ in paragraphs (2) and (3) and inserting 

9 ‘‘during the fiscal year for which’’; 

10 (3) by striking ‘‘in the quarter of the fiscal year 

11 immediately following the quarter’’ in paragraph (5) 

12 and inserting ‘‘in the fiscal year’’; 

13 (4) by striking paragraph (6); and 

14 (5) by striking ‘‘quarter’’ each place it appears 

15 in paragraphs (8), (9), and (10) and inserting ‘‘fis16 cal year’’. 


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1 Subtitle C—Other Report-related 

2 Provisions to Further Efficient 

3 Management of the Department 

4 of Defense 

5 SEC. 1621. BIENNIAL AUTHORITY FOR SECRETARY OF DE6 FENSE TO TERMINATE DEPARTMENT OF DE7 FENSE REPORTING REQUIREMENTS DETER8 MINED BY THE SECRETARY TO BE UNNECES9 SARY OR INCOMPATIBLE WITH EFFICIENT 

10 MANAGEMENT OF THE DEPARTMENT OF DE11 FENSE. 

12 (a) TERMINATION OF REPORT REQUIREMENTS.— 

13 Unless otherwise provided by a law enacted after the date 

14 of the enactment of this Act, each provision of law requir15 ing the submittal to Congress (or any committee of Con16 gress) of any report specified in a list submitted under 

17 subsection (b) shall, with respect to that requirement, 

18 cease to be effective on the date that is two years after 

19 the date on which the list is submitted. 

20 (b) PREPARATION OF LIST OF REPORTS TO BE TER21 MINATED.— 

22 (1) AUTHORITY TO SUBMIT LIST.—The Sec23 retary of Defense may, as provided in subsection (c), 

24 submit to Congress a list of each provision of law 

25 that, as of the date on which the list is submitted, 


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1 imposes upon the Secretary of Defense (or any other 

2 officer of the Department of Defense) a reporting 

3 requirement described in paragraph (2). The list of 

4 provisions of law shall include a statement or de5 scription of the report required under each such pro6 vision of law. 

7 (2) STANDARD FOR INCLUSION OF REPORTS ON

8 LIST.—Paragraph (1) applies to a requirement im9 posed by law to submit to Congress (or specified 

10 committees of Congress) a report on a recurring 

11 basis, or upon the occurrence of specified events, if 

12 the Secretary determines that the continued require13 ment to submit that report is unnecessary or incom14 patible with the efficient management of the Depart15 ment of Defense. 

16 (3) EXPLANATION.—The Secretary shall submit 

17 with the list an explanation, for each report specified 

18 in the list, of the reasons why the Secretary con19 siders the continued requirement to submit the re20 port to be unnecessary or incompatible with the effi21 cient management of the Department of Defense. 

22 (c) BIENNIAL SUBMISSION OF LIST.—The Secretary 

23 may submit a list under subsection (a) once in every odd24 numbered year. Any such report shall be submitted not 

25 later than March 1 of the year in which submitted. 


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1 (d) SCOPE OF SECTION.—For purposes of this sec2 tion, the term ‘‘report’’ includes a certification, notifica3 tion, or other characterization of a written communication. 

4 (e) INTERPRETATION OF SECTION.—This section 

5 does not require the Secretary of Defense to review each 

6 report required of the Department of Defense by law. 

7 (f) INITIAL SUBMISSION.—The first submission of a 

8 list under this section may not be made sooner than two 

9 years after the date of the enactment of this Act. 

10 SEC. 1622. IMPROVED MANAGEMENT OF CONGRESSIONAL 

11 REPORTING REQUIREMENTS APPLICABLE TO 

12 DEPARTMENT OF DEFENSE. 

13 (a) IN GENERAL.—Chapter 23 of title 10, United 

14 States Code, is amended by inserting after section 480 the 

15 following new section: 

16 ‘‘§ 480a. Reports to Congress: termination of statutory 

17 requirements after three years 

18 ‘‘(a) TERMINATION.—Subject to subsection (b), any 

19 provision of law enacted after the date of the enactment 

20 of this section that requires the Secretary of Defense (or 

21 any other officer or employee of the Department of De22 fense) to submit to Congress (or any committee of Con23 gress) a periodic report shall cease to be effective, with 

24 respect to that requirement, three years after the date of 

25 the enactment of that provision of law. 


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1 ‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to 

2 a provision of law containing a requirement for the sub3 mittal of a periodic report if that provision of law— 

4 ‘‘(1) expressly states that the requirement is in5 definite in nature; or 

6 ‘‘(2) specifies a number of years (in excess of 

7 three) for which the report is required or states a 

8 specific termination date for the report requirement. 

9 ‘‘(c) PERIODIC REPORT DEFINED.—In this section, 

10 the term ‘periodic report’ means a report required to be 

11 submitted on an annual, semiannual, or other regular peri12 odic basis.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of such chapter is amended by inserting 

15 after the item relating to section 480 the following new 

16 item: 

‘‘480a. Reports to Congress: termination of statutory requirements after three 

years.’’. 


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1 TITLE XVII—REDUCTION IN DE2 PARTMENT OF ENERGY-RE3 LATED REPORTING REQUIRE4 MENTS 

5 SEC. 1701. CONSOLIDATED REPORTING REQUIREMENTS 

6 RELATING TO NUCLEAR STOCKPILE STEW7 ARDSHIP. 

8 (a) PURPOSE.—The purpose of this section is to as9 semble together statutory requirements for plans and re10 ports concerned with different aspects of United States 

11 nuclear stockpile stewardship and management efforts by 

12 the Department of Energy National Security Programs in 

13 order to consolidate and organize those provisions of law 

14 into a single integrated plan to be submitted to Congress, 

15 to be submitted as specified in the amendment made by 

16 subsection (d). 

17 (b) REPEAL OF REQUIREMENT FOR BIENNIAL PLAN

18 ON MODERNIZATION AND REFURBISHMENT OF THE NU19 CLEAR SECURITY COMPLEX.—Section 4203A of the 

20 Atomic Energy Defense Act (50 U.S.C. 2523A) is re21 pealed. 

22 (c) REPEAL OF REQUIREMENT FOR BIENNIAL RE23 PORT ON STOCKPILE STEWARDSHIP CRITERIA.—Section 

24 4202 of the Atomic Energy Defense Act (50 U.S.C. 2522) 

25 is amended by striking subsections (c) and (d). 


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1 (d) CONSOLIDATED PLAN FOR STEWARDSHIP, MAN2 AGEMENT, AND CERTIFICATION OF WARHEADS IN THE

3 NUCLEAR WEAPONS STOCKPILE.—Section 4203 of the 

4 Atomic Energy Defense Act (50 U.S.C. 2523) is amended 

5 to read as follows: 

6 ‘‘SEC. 4203. ANNUAL AND BIENNIAL REQUIREMENTS FOR A 

7 STOCKPILE STEWARDSHIP AND MANAGE8 MENT PLAN. 

9 ‘‘(a) PLAN REQUIREMENT.—The Secretary of En10 ergy, acting through the Administrator for the National 

11 Nuclear Security Administration and in consultation with 

12 other appropriate officials of the executive branch, shall 

13 develop a plan for maintaining the nuclear weapons stock14 pile. The plan shall cover, at a minimum, stockpile stew15 ardship, stockpile management, and program direction 

16 and shall be consistent with the programmatic and tech17 nical requirements of the most recent annual Nuclear 

18 Weapons Stockpile Memorandum. 

19 ‘‘(b) SUBMISSION TO CONGRESS: ANNUAL PLAN

20 SUMMARY; BIENNIAL DETAILED PLAN.—The Secretary 

21 of Energy shall submit to Congress a summary of the plan 

22 developed under subsection (a) not later than March 15 

23 of each year. In each even-number year, but not later than 

24 March 15, the Secretary shall submit to Congress a de25 tailed plan developed under subsection (d), in addition to 


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1 the summary of the plan developed under subsection (c). 

2 The detailed plan shall be submitted in both classified and 

3 unclassified form. The summary of the plan may be sub4 mitted in either classified or unclassified form, as nec5 essary. 

6 ‘‘(c) ELEMENTS OF ANNUAL PLAN SUMMARY.—The 

7 summary of the plan submitted annually under subsection 

8 (b) shall set forth the following: 

9 ‘‘(1) A summary of the current status of United 

10 States nuclear security strategy and the impact of 

11 that strategy on United States stockpile stewardship 

12 and management plans. 

13 ‘‘(2) A summary description of the United 

14 States nuclear stockpile and the present status of 

15 that stockpile. 

16 ‘‘(3) A summary of the information needed to 

17 determine that the nuclear weapons stockpile is safe 

18 and reliable and the relationship of the science-base 

19 tools to the collection of that information. 

20 ‘‘(4) A summary description of the nuclear se21 curity enterprise, including current status, plans for 

22 modernization, and associated budgets and sched23 ules. 


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1 ‘‘(d) ELEMENTS OF DETAILED BIENNIAL PLAN.— 

2 The detailed plan and each biennial update under sub3 section (b) shall set forth the following: 

4 ‘‘(1) The number of warheads (including active 

5 and inactive warheads) for each warhead type in the 

6 nuclear weapons stockpile. 

7 ‘‘(2) The current age of each warhead type, and 

8 any plans for stockpile lifetime extensions and modi9 fications or replacement of each warhead type. 

10 ‘‘(3) The process by which the Secretary of En11 ergy is assessing the lifetime and requirements for 

12 lifetime extension or replacement of the nuclear and 

13 nonnuclear components of the warheads (including 

14 active and inactive warheads) in the nuclear weapons 

15 stockpile. 

16 ‘‘(4) The process used in recertifying the safety, 

17 security, and reliability of each warhead type in the 

18 nuclear weapons stockpile. 

19 ‘‘(5) Any concerns which would affect the abil20 ity of the Secretary of Energy to recertify the safety, 

21 security, or reliability of warheads in the nuclear 

22 weapons stockpile (including active and inactive war23 heads). 


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1 ‘‘(6) Mechanisms to provide for the manufac2 ture, maintenance, and modernization of each weap3 on design in the nuclear stockpile, as needed. 

4 ‘‘(7) Mechanisms to expedite the collection of 

5 information necessary for carrying out the program, 

6 including information relating to the aging of mate7 rials and components, new manufacturing tech8 niques, and the replacement or substitution of mate9 rials. 

10 ‘‘(8) Mechanisms to ensure the appropriate as11 signment of roles and missions for each national se12 curity laboratory and production plant of the De13 partment of Energy, including mechanisms for allo14 cation of workload, mechanisms to ensure the car15 rying out of appropriate modernization activities, 

16 and mechanisms to ensure the retention of skilled 

17 personnel. 

18 ‘‘(9) Mechanisms to ensure that each national 

19 laboratory of the National Nuclear Security Admin20 istration has full and complete access to all weapons 

21 data to enable a rigorous peer review process to sup22 port the annual assessment of the condition of the 

23 nuclear weapons stockpile required under section 

24 4205. 


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1 ‘‘(10) Mechanisms for allocating funds for ac2 tivities under the program, including allocations of 

3 funds by weapon type and facility. 

4 ‘‘(11) An identification of the funds needed, in 

5 the fiscal year in which the plan is developed and in 

6 each of the following five fiscal years, to carry out 

7 the program. 

8 ‘‘(12) A description of the information needed 

9 to determine that the nuclear weapons stockpile is 

10 safe and reliable and the relationship of the science11 based tools to the collection of that information. 

12 ‘‘(13) A description of any updates to the cri13 teria required by section 4202(a) to the extent they 

14 have been developed as of the date of the submission 

15 of the report. 

16 ‘‘(14) For each science-based tool to collect in17 formation needed to determine that the nuclear 

18 weapons stockpile is safe, secure, and reliable that is 

19 developed or modified by the Department of Energy 

20 during the relevant period described in paragraph 

21 (13)— 

22 ‘‘(A) a description of the relationship of 

23 the science-based tool to the collection of such 

24 information; and 


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1 ‘‘(B) a description of criteria for assessing 

2 the effectiveness of the science-based tool in col3 lecting such information. 

4 ‘‘(15) An assessment of the Stockpile Steward5 ship Program conducted by the Administrator in 

6 consultation with the directors of the national secu7 rity laboratories, which shall set forth the following: 

8 ‘‘(A) An identification and description of— 

9 ‘‘(i) any key technical challenges to 

10 the Stockpile Stewardship Program; and 

11 ‘‘(ii) the strategies to address such 

12 challenges without the use of nuclear test13 ing. 

14 ‘‘(B) A strategy for using the science-based 

15 tools (including advanced simulation and com16 puting capabilities) of each national security 

17 laboratory to ensure that the nuclear weapons 

18 stockpile is safe, secure, and reliable without 

19 the use of nuclear testing. 

20 ‘‘(C) An assessment of the science-based 

21 tools (including advanced simulation and com22 puting capabilities) of each national security 

23 laboratory that exist at the time of the assess24 ment compared with the science-based tools exVerDate Mar 15 2010 04:39 May 25, 2011 Jkt 099200 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 E:\BILLS\S981.IS S981

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1 pected to exist during the period covered by the 

2 future-years nuclear security program. 

3 ‘‘(D) An assessment of the core scientific 

4 and technical competencies required to achieve 

5 the objectives of the Stockpile Stewardship Pro6 gram and other weapons activities and weap7 ons-related activities of the Department of En8 ergy, including— 

9 ‘‘(i) the number of scientists, engi10 neers, and technicians, by discipline, re11 quired to maintain such competencies; and 

12 ‘‘(ii) a description of any shortage of 

13 such individuals that exists at the time of 

14 the assessment compared with any short15 age expected to exist during the period cov16 ered by the future-years nuclear security 

17 program. 

18 ‘‘(16) A description of the modernization and 

19 refurbishment measures the Administrator deter20 mines necessary to meet the requirements of the Na21 tional Security Strategy of the United States or the 

22 most recent Quadrennial Defense Review, whichever 

23 is applicable, and the Nuclear Posture Review. 

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1 rity Strategy of the United States during the 10 

2 years following the date of the plan. 

3 ‘‘(18) The estimated levels of annual funds the 

4 Administrator determines necessary to carry out the 

5 program, including a discussion of the criteria, evi6 dence, and strategies on which such estimated levels 

7 of annual funds are based. 

8 ‘‘(19) For the due date of the plan and pro9 jected for 5, 10, 15, and 20 years after that date— 

10 ‘‘(A) the number of nuclear weapons of 

11 each type in the active and reserve stockpiles; 

12 and 

13 ‘‘(B) the past and projected future total 

14 direct lifecycle cost to the Administration of 

15 each type of nuclear weapon. 

16 ‘‘(20) A year-by-year resource plan that shall 

17 cover a prospective 20-year span, beginning with the 

18 fiscal year for which the plan is submitted and ex19 tending through a fiscal year 20 years into the fu20 ture for stockpile reduction, cost savings, and how 

21 achievement of such milestones aligns with long-term 

22 nuclear weapons complex transformation goals (spe23 cifically identifying the cost impacts of alternative 

24 strategies). This resource plan shall include a sum25 mary of dismantlement progress, against quantities 


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1 committed to in the most recently submitted report 

2 to Congress. 

3 ‘‘(e) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘nuclear security enterprise’ 

5 means the physical facilities, technology, and human 

6 capital of— 

7 ‘‘(A) the national security laboratories; 

8 ‘‘(B) the Pantex Plant; 

9 ‘‘(C) the Y–12 National Security Complex; 

10 ‘‘(D) the Kansas City Plant; 

11 ‘‘(E) the Savannah River Site; and 

12 ‘‘(F) the Nevada National Security Site. 

13 ‘‘(2) The term ‘budget’, with respect to a fiscal 

14 year, means the budget for that fiscal year that is 

15 submitted to Congress by the President under sec16 tion 1105(a) of title 31, United States Code. 

17 ‘‘(3) The term ‘nuclear security budget mate18 rials’, with respect to a fiscal year, means the mate19 rials submitted to Congress by the Administrator for 

20 the National Nuclear Security Administration in 

21 support of the budget for that fiscal year. 

22 ‘‘(4) The term ‘Quadrennial Defense Review’ 

23 means the review of the defense programs and poli24 cies of the United States that is carried out every 


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1 four years under section 118 of title 10, United 

2 States Code. 

3 ‘‘(5) The term ‘future-years nuclear security 

4 program’ means the program required by section 

5 3253 of the National Nuclear Security Administra6 tion Act (50 U.S.C. 2453). 

7 ‘‘(6) The term ‘national security laboratory’ has 

8 the meaning given such term in section 3281 of the 

9 National Nuclear Security Administration Act (50 

10 U.S.C. 2471). 

11 ‘‘(7) The term ‘weapons activities’ means each 

12 activity within the budget category of weapons ac13 tivities in the budget of the National Nuclear Secu14 rity Administration. 

15 ‘‘(8) The term ‘weapons-related activities’ 

16 means each activity under the Department of En17 ergy that involves nuclear weapons, nuclear weapons 

18 technology, or fissile or radioactive materials, includ19 ing activities related to— 

20 ‘‘(A) nuclear nonproliferation; 

21 ‘‘(B) nuclear forensics; 

22 ‘‘(C) nuclear intelligence; 

23 ‘‘(D) nuclear safety; and 

24 ‘‘(E) nuclear incident response.’’. 


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1 (e) REPEAL OF REQUIREMENT FOR ANNUAL UP2 DATE TO STOCKPILE MANAGEMENT PROGRAM PLAN.— 

3 Section 4204 of the Atomic Energy Defense Act (50 

4 U.S.C. 2524) is amended— 

5 (1) by striking subsections (c) and (d); and 

6 (2) by redesignating subsection (e) as sub7 section (c). 

8 SEC. 1702. REPEAL OF REQUIREMENT FOR ANNUAL RE9 PORT ON THE SECURITY VULNERABILITIES 

10 OF THE COMPUTERS OF CERTAIN NATIONAL 

11 LABORATORIES OF THE DEPARTMENT OF EN12 ERGY. 

13 Section 3153 of the National Defense Authorization 

14 Act for Fiscal Year 2000 (50 U.S.C. 2659) is repealed. 

15 DIVISION B—MILITARY CON16 STRUCTION AUTHORIZA17 TIONS 

18 SEC. 2001. SHORT TITLE. 

19 This division may be cited as the ‘‘Military Construc20 tion Authorization Act for Fiscal Year 2012’’. 

21 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

22 AMOUNTS REQUIRED TO BE SPECIFIED BY 

23 LAW. 

24 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

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1 izations contained in titles XXI through XXVII for mili2 tary construction projects, land acquisition, family housing 

3 projects and facilities, and contributions to the North At4 lantic Treaty Organization Security Investment Program 

5 (and authorizations of appropriations therefore) shall ex6 pire on the later of— 

7 (1) October 1, 2014; or 

8 (2) the date of the enactment of an Act author9 izing funds for military construction for fiscal year 

10 2015. 

11 (b) EXCEPTION.—Subsection (a) shall not apply to 

12 authorizations for military construction projects, land ac13 quisition, family housing projects and facilities, and con14 tributions to the North Atlantic Treaty Organization Se15 curity Investment Program (and authorizations of appro16 priations therefore), for which appropriated funds have 

17 been obligated before the later of— 

18 (1) October 1, 2014; or 

19 (2) the date of the enactment of an Act author20 izing funds for fiscal year 2015 for military con21 struction projects, land acquisition, family housing 

22 projects and facilities, or contributions to the North 

23 Atlantic Treaty Organization Security Investment 

24 Program. 


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1 TITLE XXI—ARMY MILITARY 

2 CONSTRUCTION 

3 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

4 ACQUISITION PROJECTS. 

5 (a) INSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2104(1), the Secretary of the Army may 

8 acquire real property and carry out military construction 

9 projects for the installations or locations inside the United 

10 States, and in the amounts, set forth in the following 

11 table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama ................... Fort Rucker ................................................. $11,600,000

Alaska ...................... Fort Wainwright .......................................... $114,000,000

Joint Base Elmendorf-Richardson ............... $103,600,000

California ................. Presidio Monterey ........................................ $3,000,000

Fort Irwin .................................................... $23,000,000

Colorado ................... Fort Carson .................................................. $238,600,000

Georgia .................... Fort Benning ............................................... $66,700,000

Fort Gordon ................................................. $1,450,000

Fort Stewart ................................................ $2,600,000

Hawaii ..................... Fort Shafter ................................................. $17,500,000

Schofield Barracks ....................................... $105,000,000

Kansas ..................... Fort Riley ..................................................... $83,400,000

Forbes Air Field .......................................... $5,300,000

Kentucky .................. Fort Campbell .............................................. $247,500,000

Fort Knox .................................................... $55,000,000

Louisiana ................. Fort Polk ...................................................... $70,100,000

Maryland .................. Aberdeen Proving Ground ............................ $78,500,000

Fort Meade .................................................. $79,000,000

Missouri ................... Fort Leonard Wood ..................................... $49,000,000

New York ................. Fort Drum ................................................... $13,300,000

North Carolina ........ Fort Bragg ................................................... $186,000,000

Oklahoma ................. Fort Sill ....................................................... $184,600,000

McAlester Army Ammunition Plant ............ $8,000,000

South Carolina ......... Fort Jackson ................................................ $63,900,000

Texas ....................... Fort Bliss ..................................................... $149,500,000

Fort Hood .................................................... $132,000,000

Joint Base San Antonio ............................... $10,400,000

Red River Army Depot ................................ $44,000,000

Utah ......................... Dugway Proving Ground ............................. $32,000,000

Virginia .................... Fort Belvoir ................................................. $83,000,000

Joint Base Langley Eustis ........................... $26,000,000

Washington .............. Joint Base Lewis McChord .......................... $296,300,000. 


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1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(2), the Secretary of the Army may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ................ Bagram Air Base ...................................... $80,000,000

Germany ..................... Germersheim .............................................. $37,500,000

Grafenwoehr .............................................. $38,000,000

Landstuhl .................................................. $63,000,000

Oberdachstetten ......................................... $12,200,000

Kelley Barracks ......................................... $12,200,000

Vilseck ....................................................... $20,000,000

Honduras ................... Various ...................................................... $25,000,000

Korea .......................... Camp Carroll ............................................. $41,000,000

Camp Henry .............................................. $48,000,000. 

8 SEC. 2102. FAMILY HOUSING. 

9 (a) CONSTRUCTION AND ACQUISITION.—Using 

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2104(5)(A), the Secretary of the 

12 Army may construct or acquire family housing units (in13 cluding land acquisition and supporting facilities) at the 

14 installations or locations, in the number of units, and in 

15 the amounts set forth in the following table: 

Army: Family Housing 

Location Installation or Location Units Amount 

Belgium ................................ Brussels ............................... 10 $10,000,000

Germany .............................. Grafenwoehr ........................ 26 $13,000,000

Illesheim ............................... 80 $41,000,000

Vilseck .................................. 22 $12,000,000. 


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1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2104(5)(A), the Secretary of the Army may carry 

4 out architectural and engineering services and construc5 tion design activities with respect to the construction or 

6 improvement of family housing units in an amount not 

7 to exceed $7,897,000. 

8 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States 

11 Code, and using amounts appropriated pursuant to the 

12 authorization of appropriations in section 2104(5)(A), the 

13 Secretary of the Army may improve existing military fam14 ily housing units in an amount not to exceed 

15 $103,000,000. 

16 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal years beginning after September 30, 2011, for mili19 tary construction, land acquisition, and military family 

20 housing functions of the Department of the Army in the 

21 total amount of $3,917,746,000 as follows: 

22 (1) For military construction projects inside the 

23 United States authorized by section 2101(a), 

24 $2,583,850,000. 


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1 (2) For military construction projects outside 

2 the United States authorized by section 2101(b), 

3 $376,900,000. 

4 (3) For unspecified minor military construction 

5 projects authorized by section 2805 of title 10, 

6 United States Code, $20,000,000. 

7 (4) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $255,241,000. 

10 (5) For military family housing functions: 

11 (A) For construction and acquisition, plan12 ning and design, and improvement of military 

13 family housing and facilities, $186,897,000. 

14 (B) For support of military family housing 

15 (including the functions described in section 

16 2833 of title 10, United States Code), 

17 $494,858,000. 

18 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

19 CERTAIN FISCAL YEAR 2009 PROJECT. 

20 In the case of the authorization contained in the table 

21 in section 2101(a) of the Military Construction Authoriza22 tion Act for Fiscal Year 2009 (division B of Public Law 

23 110–417; 122 Stat. 4658) for Fort Benning, Georgia, for 

24 construction of a Multipurpose Training Range at the in25 stallation, the Secretary of the Army may construct up 


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1 to 1,802 square feet of loading dock consistent with the 

2 Army’s construction guidelines for Multipurpose Training 

3 Ranges. 

4 SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT 

5 CERTAIN FISCAL YEAR 2011 PROJECTS. 

6 (a) HAWAII.—In the case of the authorization con7 tained in the table in section 2101(a) of the Military Con8 struction Authorization Act for Fiscal Year 2011 (division 

9 B of Public Law 111–383; 124 Stat. 4437) for Schofield 

10 Barracks, Hawaii, for renovations of buildings 450 and 

11 452, the Secretary of the Army may renovate building 451 

12 in lieu of building 452. 

13 (b) NEW YORK.—In the case of the authorization 

14 contained in the table in section 2101(a) of the Military 

15 Construction Authorization Act for Fiscal Year 2011 (di16 vision B of Public Law 111–383; 124 Stat. 4437) for Fort 

17 Drum, New York, for construction of an Aircraft Mainte18 nance Hangar at the installation, the Secretary of the 

19 Army may construct up to 39,049 square yards of parking 

20 apron consistent with the Army’s construction guidelines 

21 for Aircraft Maintenance Hangars and associated parking 

22 aprons. 

23 (c) GERMANY.—In the case of the authorization con24 tained in the table in section 2101(b) of the Military Con25 struction Authorization Act for Fiscal Year 2011 (division 


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1 B of Public Law 111–383; 124 Stat. 4437) for Wiesbaden, 

2 Germany, for construction of an Information Processing 

3 Center at the installation, the Secretary of the Army may 

4 construct up to 9,400 square yards of vehicle parking ga5 rage consistent with the Army’s construction guidelines 

6 for parking garages, in lieu of renovating 9,400 square 

7 yards of parking area. 

8 SEC. 2107. ADDITIONAL AUTHORITY TO CARRY OUT CER9 TAIN FISCAL YEAR 2012 PROJECT. 

10 (a) PROJECT AUTHORIZATION.—The Secretary of 

11 the Army may carry out a military construction project 

12 to construct a water treatment facility for Fort Irwin, 

13 California, in the amount of $115,000,000. 

14 (b) USE OF UNOBLIGATED PRIOR-YEAR ARMY MILI15 TARY CONSTRUCTION FUNDS.—The Secretary may use 

16 available, unobligated Army military construction funds 

17 appropriated for a fiscal year before fiscal year 2012 for 

18 the project described in subsection (a). 

19 (c) CONGRESSIONAL NOTIFICATION.—The Secretary 

20 of the Army shall provide information in accordance with 

21 section 2851(c) of title 10, United States Code, regarding 

22 the project described in subsection (a). If it becomes nec23 essary to exceed the estimated project cost, the Secretary 

24 shall utilize the authority provided by section 2853 of such 


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1 title regarding authorized cost and scope of work vari2 ations. 

3 SEC. 2108. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

4 FISCAL YEAR 2008 PROJECTS. 

5 (a) EXTENSION.—Notwithstanding section 2002 of 

6 the Military Construction Authorization Act for Fiscal 

7 Year 2008 (division B of Public Law 110–181; 122 Stat. 

8 503), authorizations set forth in the table in subsection 

9 (b), as provided in section 2101 of that Act (122 Stat. 

10 504), shall remain in effect until October 1, 2012, or the 

11 date of the enactment of an Act authorizing funds for mili12 tary construction for fiscal year 2013, whichever is later. 

13 (b) TABLE.—The table referred to in subsection (a) 

14 is as follows: 

Army: Extension of 2008 Project Authorizations 

State Installation or 

Location Project Amount 

Louisiana ......... Fort Polk ............... Child Care Facility ........... $6,100,000

Missouri ........... Fort Leonard Wood Multipurpose Machine 

Gun Range.

$4,150,000. 

15 SEC. 2109. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

16 FISCAL YEAR 2009 PROJECTS. 

17 (a) EXTENSION.—Notwithstanding section 2002 of 

18 the Military Construction Authorization Act for Fiscal 

19 Year 2009 (division B of Public Law 110–417; 122 Stat. 

20 4658), authorizations set forth in the table in subsection 

21 (b), as provided in section 2101 of that Act (122 Stat. 

22 504), shall remain in effect until October 1, 2012, or the 


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1 date of the enactment of an Act authorizing funds for mili2 tary construction for fiscal year 2013, whichever is later. 

3 (b) TABLE.—The table referred to in subsection (a) 

4 is as follows: 

Army: Extension of 2009 Project Authorizations 

State Installation or 

Location Project Amount 

Alabama .......... Anniston Army 

Depot.

Lake Yard Interchange .... $1,400,000

Hawaii ............. Schofield Barracks Brigade Complex .............. $65,000,000

Schofield Barracks Battalion Complex ............ $69,000,000

Schofield Barracks Battalion Complex ............ $27,000,000

Schofield Barracks Infrastructure Expansion $76,000,000

New Jersey ...... Picatinny Arsenal .. Ballistic Evaluation Facility Phase I.$9,900,000

Virginia ........... Fort Eustis ............ Vehicle Paint Facility ....... $3,900,000. 

5 SEC. 2110. TECHNICAL AMENDMENTS TO CORRECT CER6 TAIN PROJECT SPECIFICATIONS. 

7 The table in section 3002 of the Ike Skelton National 

8 Defense Authorization Act for Fiscal Year 2011 (Public 

9 Law 111–383; 124 Stat. 4503) is amended— 

10 (1) in the project specification for the Army for 

11 ‘‘Entry Control Point and Access Roads’’ that ap12 pears immediately below the project specification for 

13 ‘‘Vet Clinic & Kennel’’ at Bagram Air Force Base, 

14 Afghanistan, by striking ‘‘Delaram Ii’’ and inserting 

15 ‘‘Delaram II’’; and 

16 (2) in the project specification for the Army 

17 that appears immediately below the project specifica18 tion for ‘‘Electrical Utility Systems, Ph.2’’ at the 

19 ‘‘Shank’’ installation, Afghanistan, by striking the 


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1 entry in the column under the heading ‘‘Project 

2 Title’’ and inserting ‘‘Expand Entry Control Point 1 

3 and Entry Control Point 2’’. 

4 TITLE XXII—NAVY MILITARY 

5 CONSTRUCTION 

6 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

7 ACQUISITION PROJECTS. 

8 (a) INSIDE THE UNITED STATES.—Using amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2204(1), the Secretary of the Navy may 

11 acquire real property and carry out military construction 

12 projects for the installations or locations inside the United 

13 States, and in the amounts, set forth in the following 

14 table: 

Navy: Inside the United States 

State Installation or Location Amount 

Arizona .................... Marine Corps Air Station, Yuma ............... $162,785,000

California ................. Marine Corps Base, Camp Pendleton ......... $335,080,000

Naval Base, Coronado ................................ $108,435,000

Marine Corps Base, Twentynine Palms ..... $67,109,000

Marine Corps Logistics Base, Barstow ...... $8,590,000

Marine Corps Mountain Warfare Training 

Center, Bridgeport.

$19,238,000

Naval Base Ventura County Point Mugu .. $15,377,000

Florida ...................... Naval Air Station, Jacksonville .................. $36,552,000

Naval Station, Mayport .............................. $14,998,000

Naval Air Station, Whiting Field (Eglin 

Air Force Base).

$20,620,000

Georgia .................... Naval Submarine Base, Kings Bay ............ $86,063,000

Hawaii ..................... Marine Corps Base, Kaneohe Bay .............. $57,704,000

Pacific Missile Range Facility, Barking 

Sands.

$9,679,000

Joint Base Pearl Harbor-Hickam .............. $7,492,000

Illinois ...................... Naval Station, Great Lakes ........................ $91,042,000

Maryland .................. Naval Support Facility, Indian Head ......... $67,779,000

Naval Air Station, Patuxent River ............. $45,844,000

North Carolina ........ Marine Corps Base, Camp Lejeune ............ $200,482,000

Marine Corps Air Station, Cherry Point .... $17,760,000

Marine Corps Air Station, New River ........ $78,930,000

South Carolina ......... Marine Corps Air Station, Beaufort ........... $21,096,000

Virginia .................... Naval Station, Norfolk ............................... $81,304,000

Naval Support Activity, Norfolk ................. $26,924,000


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Navy: Inside the United States—Continued 

State Installation or Location Amount 

Naval Ship Yard, Portsmouth .................... $74,864,000

Marine Corps Base, Quantico ..................... $183,690,000

Washington .............. Naval Base Kitsap, Bremerton (Puget 

Sound Ship Yard).

$13,341,000

Naval Base Kitsap, Bremerton (Bangor) ... $758,842,000. 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(2), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for the installation or location outside the United 

6 States, and in the amounts, set forth in the following 

7 table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Bahrain .................... Naval Support Activity Bahrain/Southwest 

Asia.

$100,204,000 

Djibouti .................... Camp Lemonnier .......................................... $89,499,000 

Guam ........................ Joint Region Marianas ................................. $77,267,000 

Diego Garcia ............ Naval Support Facility, Diego Garcia ......... $35,444,000. 

8 SEC. 2202. FAMILY HOUSING. 

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2204(5)(A), the Sec11 retary of the Navy may carry out architectural and engi12 neering services and construction design activities with re13 spect to the construction or improvement of family hous14 ing units in an amount not to exceed $3,199,000. 


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1 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States 

4 Code, and using amounts appropriated pursuant to the 

5 authorization of appropriations in section 2204(5)(A), the 

6 Secretary of the Navy may improve existing military fam7 ily housing units in an amount not to exceed $97,773,000. 

8 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal years beginning after September 30, 2011, for mili11 tary construction, land acquisition, and military family 

12 housing functions of the Department of the Navy in the 

13 total amount of $2,930,382,000, as follows: 

14 (1) For military construction projects inside the 

15 United States authorized by section 2201(a), 

16 $1,974,622,000. 

17 (2) For military construction projects outside 

18 the United States authorized by section 2201(b), 

19 $302,414,000. 

20 (3) For unspecified minor military construction 

21 projects authorized by section 2805 of title 10, 

22 United States Code, $21,495,000. 

23 (4) For architectural and engineering services 

24 and construction design under section 2807 of title 

25 10, United States Code, $84,362,000. 

26 (5) For military family housing functions: 


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1 (A) For construction and acquisition, plan2 ning and design, and improvement of military 

3 family housing and facilities, $100,972,000. 

4 (B) For support of military family housing 

5 (including functions described in section 2833 

6 of title 10, United States Code), $367,863,000. 

7 (6) For the construction of increment 2 of 

8 north ramp utilities at Andersen Air Force Base, 

9 Guam, authorized by section 2201(b) of the Military 

10 Construction Authorization Act for Fiscal Year 2010 

11 (division B of Public Law 111–84; 123 Stat. 2633), 

12 $78,654,000. 

13 SEC. 2205. EXTENSION OF AUTHORIZATION OF CERTAIN 

14 FISCAL YEAR 2008 PROJECT. 

15 (a) EXTENSION.—Notwithstanding section 2002 of 

16 the Military Construction Authorization Act for Fiscal 

17 Year 2008 (division B of Public Law 110–181; 122 Stat. 

18 503), the authorization set forth in the table in subsection 

19 (b), as provided in section 2201(c) of that Act (122 Stat. 

20 511) and extended by section 2206 of the Military Con21 struction Authorization Act for Fiscal Year 2011 (division 

22 B of Public Law 111–383; 124 Stat. 4443), shall remain 

23 in effect until October 1, 2012, or the date of an Act au24 thorizing funds for military construction for fiscal year 

25 2013, whichever is later. 


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1 (b) TABLE.—The table referred to in subsection (a) 

2 is as follows: 

Navy: Extension of 2008 Project Authorization 

Location Installation or 

Location Project Amount 

Unspecified 

Worldwide.

Various .................. Host Nation Infrastructure.$2,700,000. 

3 (c) TECHNICAL AMENDMENT FOR CONSISTENCY IN

4 PROJECT AUTHORIZATION DISPLAY.—The table in sec5 tion 2201(c) of the Military Construction Authorization 

6 Act for Fiscal Year 2008 (division B of Public Law 110– 

7 181; 122 Stat. 511) is amended to read as follows: 

‘‘Navy: Unspecified Worldwide 

Location Installation or 

Location Project Amount 

Unspecified 

Worldwide.

Various .................. Wharf Utilities Upgrade ... $8,900,000

Unspecified 

Worldwide.

Various .................. Host Nation Infrastructure.$2,700,000’’ 

8 SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

9 FISCAL YEAR 2009 PROJECTS. 

10 (a) EXTENSION.—Notwithstanding section 2002 of 

11 the Military Construction Authorization Act for Fiscal 

12 Year 2009 (division B of Public Law 110–417; 122 Stat. 

13 4658), the authorization set forth in the table in sub14 section (b), as provided in section 2201 of that Act (122 

15 Stat 4670), shall remain in effect until October 1, 2012, 

16 or the date of an Act authorizing funds for military con17 struction for fiscal year 2013, whichever is later. 


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1 (b) TABLE.—The table referred to in subsection (a) 

2 is as follows: 

Navy: Extension of 2009 Project Authorizations 

State/Country Installation or 

Location Project Amount 

California ........ Marine Corps Base, 

Camp Pendleton.

Operations Assess Points, 

Red Beach.

$11,970,000

California ........ Marine Corps Air 

Station, Miramar.

Emergency Response Station.$6,530,000

District of Columbia.Washington Navy 

Yard.

Child Development Center $9,340,000. 

3 TITLE XXIII—AIR FORCE 

4 MILITARY CONSTRUCTION 

5 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

6 LAND ACQUISITION PROJECTS. 

7 (a) INSIDE THE UNITED STATES.—Using amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2304(1), the Secretary of the Air Force 

10 may acquire real property and carry out military construc11 tion projects for the installations or locations inside the 

12 United States, and in the amounts, set forth in the fol13 lowing table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alaska ................................ Eielson Air Force Base ................. $45,000,000 

Joint Base Elmendorf-Richardson $97,000,000 

Arizona .............................. Davis-Monthan Air Force Base .... $33,000,000 

Luke Air Force Base .................... $24,000,000 

California ........................... Travis Air Force Base .................. $22,000,000 

Vandenberg Air Force Base .......... $14,200,000 

Colorado ............................ U.S. Air Force Academy ............... $13,400,000 

Delaware ............................ Dover Air Force Base ................... $2,800,000 

Kansas ............................... Fort Riley, Kansas ........................ $7,600,000 

Louisiana ........................... Barksdale Air Force Base ............ $23,500,000 

Missouri ............................. Whiteman Air Force Base ............ $4,800,000 

Nebraska ........................... Offutt Air Force Base ................... $564,000,000 

Nevada ............................... Nellis Air Force Base ................... $35,850,000 

New Mexico ....................... Cannon Air Force Base ................ $22,598,000 

Holloman Air Force Base ............. $29,200,000 

Kirtland Air Force Base ............... $25,000,000 


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Air Force: Inside the United States—Continued 

State Installation or Location Amount 

North Carolina .................. Pope Air Force Base ..................... $6,000,000 

North Dakota .................... Minot Air Force Base ................... $67,800,000 

Texas ................................. Joint Base San Antonio ................ $110,000,000 

Utah .................................. Hill Air Force Base ...................... $23,300,000 

Virginia .............................. Joint Base Langley Eustis ........... $50,000,000 

Washington ........................ Fairchild Air Force Base .............. $27,600,000. 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(2), the Secretary of the Air Force 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Germany ................................... Ramstein Air Base .................... $34,697,000 

Greenland .................................. Thule Air Base .......................... $28,000,000 

Guam ........................................ Joint Region Marianas .............. $211,600,000 

Italy .......................................... Naval Air Station, Sigonella ...... $15,000,000 

Korea ........................................ Osan Air Base ........................... $23,000,000 

Qatar ......................................... Al Udeid air Base ...................... $37,000,000. 

8 SEC. 2302. FAMILY HOUSING. 

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2304(5)(A), the Sec11 retary of the Air Force may carry out architectural and 

12 engineering services and construction design activities 

13 with respect to the construction or improvement of family 

14 housing units in an amount not to exceed $4,208,000. 


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1 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States 

4 Code, and using amounts appropriated pursuant to the 

5 authorization of appropriations in section 2304(5)(A), the 

6 Secretary of the Air Force may improve existing military 

7 family housing units in an amount not to exceed 

8 $80,596,000. 

9 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

10 FORCE. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal years beginning after September 30, 2011, for mili13 tary construction, land acquisition, and military family 

14 housing functions of the Department of the Air Force in 

15 the total amount of $1,854,423,000, as follows: 

16 (1) For military construction projects inside the 

17 United States authorized by section 2301(a), 

18 $834,648,000. 

19 (2) For military construction projects outside 

20 the United States authorized by section 2301(b), 

21 $349,297,000. 

22 (3) For unspecified minor military construction 

23 projects authorized by section 2805 of title 10, 

24 United States Code, $20,000,000. 


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1 (4) For architectural and engineering services 

2 and construction design under section 2807 of title 

3 10, United States Code, $81,913,000. 

4 (5) For military family housing functions: 

5 (A) For construction and acquisition, plan6 ning and design, and improvement of military 

7 family housing and facilities, $84,804,000. 

8 (B) For support of military family housing 

9 (including functions described in section 2833 

10 of title 10, United States Code), $404,761,000. 

11 (6) For the construction of increment 2 of the 

12 Air Force Technical Applications Center at Patrick 

13 Air Force Base, Florida, authorized by section 

14 2301(a) of the Military Construction Authorization 

15 Act for Fiscal Year 2011 (division B of Public Law 

16 111–383; 124 Stat. 4444), $79,000,000. 

17 SEC. 2305. MODIFICATION OF AUTHORIZATION TO CARRY 

18 OUT CERTAIN FISCAL YEAR 2010 PROJECT. 

19 In the case of the authorization contained in the table 

20 in section 2301(a) of the National Defense Authorization 

21 Act for Fiscal Year 2010 (Division B of Public Law 111– 

22 84; 123 Stat. 2636) for Hickam Air Force Base, Hawaii, 

23 for construction of a Ground Control Tower at the instal24 lation, the Secretary of the Air Force may construct 43 

25 vertical meters (141 vertical feet) in lieu of 111 square 


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1 meters (1,195 square feet), consistent with the Air Force’s 

2 construction guidelines for control towers, using amounts 

3 appropriated pursuant to authorizations of appropriations 

4 in prior years. 

5 SEC. 2306. EXTENSION OF AUTHORIZATION OF CERTAIN 

6 FISCAL YEAR 2009 PROJECT. 

7 (a) EXTENSION.—Notwithstanding section 2002 of 

8 the Military Construction Authorization Act for Fiscal 

9 Year 2009 (division B of Public Law 110–417; 122 Stat. 

10 4658), the authorization set forth in the table in sub11 section (b), as provided in section 2301(b) of that Act 

12 (122 Stat. 4676) shall remain in effect until October 1, 

13 2012, or the date of the enactment of an Act authorizing 

14 funds for military construction for fiscal year 2013, which15 ever is later: 

16 (b) TABLE.—The table referred to in subsection (a) 

17 is as follows: 

Air Force: Extension of 2009 Project Authorization 

State Installation or 

Location Project Amount 

Germany .......... Spangdahlem AB .. Construct Child Development Center.$11,400,000. 


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1 TITLE XXIV—DEFENSE AGEN2 CIES MILITARY CONSTRUC3 TION 

4 Subtitle A—Defense Agency 

5 Authorizations 

6 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC7 TION AND LAND ACQUISITION PROJECTS. 

8 (a) INSIDE THE UNITED STATES.—Using amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2403(1), the Secretary of Defense may 

11 acquire real property and carry out military construction 

12 projects for the installations or locations inside the United 

13 States, and in the amounts, set forth in the following 

14 table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Alabama ............................ Redstone Arsenal .......................... $58,800,000 

Alaska ................................ Anchorage ..................................... $18,400,000 

Eielson Air Force Base ................. $14,800,000 

Arizona .............................. Davis-Monthan Air Force Base .... $23,000,000 

California ........................... Defense Distribution Depot Tracy $15,500,000 

Marine Corps Base, Camp Pendleton.$12,141,000 

Naval Base, Coronado ................... $42,000,000 

Naval Base, Coronado (San 

Clemente).

$21,800,000 

Colorado ............................ Buckley Air Force Base ................ $140,932,000 

District of Columbia .......... Bolling Air Force Base ................. $16,736,000 

Florida ............................... Eglin Air Force Base .................... $61,100,000 

Macdill Air Force Base ................. $15,200,000 

Naval Air Station, Whiting Field $3,800,000 

Georgia .............................. Fort Benning ................................ $37,205,000 

Fort Gordon .................................. $11,340,000 

Fort Stewart ................................. $72,300,000 

Hawaii ............................... Joint Base Pearl Harbor-Hickam $14,400,000 

Illinois ................................ Naval Station, Great Lakes .......... $16,900,000 

Kentucky ........................... Fort Campbell ............................... $138,500,000 

Fort Knox ..................................... $38,845,000 

Louisiana ........................... Barksdale Air Force Base ............ $6,200,000 

Maryland ............................. Fort Meade ................................... $860,579,000 

Joint Base Andrews ...................... $265,700,000 


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Defense Agencies: Inside the United States—Continued 

State Installation or Location Amount 

National Naval Medical Center, 

Bethesda.

$18,000,000 

Massachusetts ................... Hanscom Air Force Base .............. $34,040,000 

Westover Air Reserve Base ........... $23,300,000 

Mississippi ......................... Columbus Air Force Base ............. $2,600,000 

Construction Battalion Center, 

Gulfport.

$34,700,000 

Missouri ............................. Arnold ........................................... $9,253,000 

New Mexico ....................... Cannon Air Force Base ................ $132,997,000 

New York .......................... Fort Drum .................................... $20,400,000 

North Carolina .................. Camp Lejeune ............................... $6,670,000 

Fort Bragg .................................... $206,274,000 

Marine Corps Air Station, New 

River.

$22,687,000 

Pope Air Force Base ..................... $5,400,000 

Ohio ................................... Defense Supply Center Columbus $10,000,000 

Oklahoma .......................... Altus Air Force Base .................... $8,200,000 

Pennsylvania ...................... Defense Distribution Depot New 

Cumberland ............................... $46,000,000 

Defense Supply Center Philadelphia.$8,000,000 

South Carolina .................. Joint Base Charleston ................... $24,868,000 

Texas .................................. Joint Base San Antonio ................ $194,300,000 

Virginia .............................. Charlottesville ................................ $10,805,000 

Fort Belvoir .................................. $54,625,000 

Joint Expeditionary Base Little 

Creek-Story.

$37,000,000 

Marine Corps Base, Quantico ....... $46,727,000 

Naval Air Station, Oceana (Dam 

Neck).

$23,116,000 

Dahlgren ....................................... $1,988,000 

Pentagon Reservation ................... $8,742,000 

Washington ........................ Joint Base Lewis-McChord ........... $35,000,000 

Naval Air Station, Whidbey Island $25,000,000 

West Virginia .................... Camp Dawson ............................... $2,200,000. 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(2), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Defense Agencies: Outside the United States 

Country Installation or Location Amount 

Belgium ............................. Brussels ......................................... $24,118,000 

Germany ............................ Ansbach ......................................... $11,672,000 

Baumholder ................................... $59,419,000 


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Defense Agencies: Outside the United States—Continued 

Country Installation or Location Amount 

Grafenwoehr .................................. $6,529,000 

Rhine Ordnance Barracks ............. $1,196,650,000 

Spangdalem Air Base ................... $129,043,000 

Stuttgart-Patch Barracks ............. $2,434,000 

Italy ................................... Vicenza .......................................... $41,864,000 

Japan ................................. Yokota Air Base ............................ $61,842,000 

United Kingdom ................ Menwith Hill Station .................... $68,601,000 

Royal Air Force Alconbury ........... $35,030,000. 

1 SEC. 2402. ENERGY CONSERVATION PROJECTS. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2403(6), the Secretary 

4 of Defense may carry out energy conservation projects 

5 under chapter 173 of title 10, United States Code, in the 

6 amount of $135,000,000. 

7 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE8 FENSE AGENCIES. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal years beginning after September 30, 2011, for mili11 tary construction, land acquisition, and military family 

12 housing functions of the Department of Defense (other 

13 than the military departments) in the total amount of 

14 $3,902,948,000 as follows: 

15 (1) For military construction projects inside the 

16 United States authorized by section 2401(a), 

17 $2,128,131,000. 

18 (2) For military construction projects outside 

19 the United States authorized by section 2401(b), 

20 $511,144,000. 


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1 (3) For unspecified minor military construction 

2 projects under section 2805 of title 10, United 

3 States Code, $39,329,000. 

4 (4) For contingency construction projects of the 

5 Secretary of Defense under section 2804 of title 10, 

6 United States Code, $10,000,000. 

7 (5) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $454,602,000. 

10 (6) For energy conservation projects under 

11 chapter 173 of title 10, United States Code, 

12 $135,000,000. 

13 (7) For military family housing functions: 

14 (A) For support of military family housing 

15 (including functions described in section 2833 

16 of title 10, United States Code), $50,723,000. 

17 (B) For credits to the Department of De18 fense Family Housing Improvement Fund 

19 under section 2883 of title 10, United States 

20 Code, and the Homeowners Assistance Fund es21 tablished under section 1013 of the Demonstra22 tion Cities and Metropolitan Development Act 

23 of 1966 (42 U.S.C. 3374), $3,468,000. 

24 (8) For the construction of increment 6 of the 

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1 eases Stage I at Fort Detrick, Maryland, authorized 

2 by section 2401(a) of the Military Construction Au3 thorization Act of Fiscal Year 2007 (division B of 

4 Public Law 109–364; 120 Stat. 2457), 

5 $137,600,000. 

6 (9) For the construction of increment 4 of re7 placement fuel storage facilities at Point Loma 

8 Annex, California, authorized by section 2401(a) of 

9 the Military Construction Authorization Act of Fis10 cal Year 2008 (division B of Public Law 110–181; 

11 122 Stat. 521), as amended by section 2406 of the 

12 Military Construction Authorization Act of Fiscal 

13 Year 2010 (division B of Public Law 111–84; 123 

14 Stat. 2646), $27,000,000. 

15 (10) For the construction of increment 4 of the 

16 United States Army Medical Research Institute of 

17 Chemical Defense replacement facility at Aberdeen 

18 Proving Ground, Maryland, authorized by section 

19 2401(a) of the Military Construction Authorization 

20 Act of Fiscal Year 2009 (division B of Public Law 

21 110–417; 122 Stat. 4689), $22,850,000. 

22 (11) For the construction of increment 3 of a 

23 National Security Agency data center at Camp Wil24 liams, Utah, authorized as a Military Construction, 

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1 priations Act, 2009 (Public Law 111–32; 123 Stat. 

2 1888), $246,401,000. 

3 (12) For the construction of increment 3 of the 

4 hospital at Fort Bliss, Texas, authorized by section 

5 2401(a) of the Military Construction Authorization 

6 Act for Fiscal Year 2010 (division B of Public Law 

7 111–84; 123 Stat. 2642), $136,700,000. 

8 Subtitle B—Chemical 

9 Demilitarization Authorizations 

10 SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEM11 ICAL DEMILITARIZATION CONSTRUCTION, 

12 DEFENSE-WIDE. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal years beginning after September 30, 2011, for mili15 tary construction and land acquisition for chemical demili16 tarization in the total amount of $75,312,000, as follows: 

17 (1) For the construction of phase 13 of a chem18 ical munitions demilitarization facility at Pueblo 

19 Chemical Activity, Colorado, authorized by section 

20 2401(a) of the Military Construction Authorization 

21 Act for Fiscal Year 1997 (division B of Public Law 

22 104–201; 110 Stat. 2775), as amended by section 

23 2406 of the Military Construction Authorization Act 

24 for Fiscal Year 2000 (division B of Public Law 106– 

25 65; 113 Stat. 839), section 2407 of the Military 


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1 Construction Authorization Act for Fiscal Year 2003 

2 (division B of Public Law 107–314; 116 Stat. 

3 2698), and section 2413 of the Military Construc4 tion Authorization Act for Fiscal Year 2009 (divi5 sion B of Public Law 110–417; 122 Stat. 4697), 

6 $15,338,000. 

7 (2) For the construction of phase 12 of a muni8 tions demilitarization facility at Blue Grass Army 

9 Depot, Kentucky, authorized by section 2401(a) of 

10 the Military Construction Authorization Act for Fis11 cal Year 2000 (division B of Public Law 106–65; 

12 113 Stat. 835), as amended by section 2405 of the 

13 Military Construction Authorization Act for Fiscal 

14 Year 2002 (division B of Public Law 107–107; 115 

15 Stat. 1298), section 2405 of the Military Construc16 tion Authorization Act for Fiscal Year 2003 (divi17 sion B of Public Law 107–314; 116 Stat. 2698), 

18 section 2414 of the Military Construction Authoriza19 tion Act for Fiscal Year 2009 (division B of Public 

20 Law 110–417; 122 Stat. 4697), and section 2412 of 

21 the Military Construction Authorization Act for Fis22 cal Year 2011 (division B Public Law 111–383; 

23 124 Stat. 4450), $59,974,000. 


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1 TITLE XXV—NORTH ATLANTIC 

2 TREATY ORGANIZATION SE3 CURITY INVESTMENT PRO4 GRAM 

5 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 The Secretary of Defense may make contributions for 

8 the North Atlantic Treaty Organization Security Invest9 ment Program as provided in section 2806 of title 10, 

10 United States Code, in an amount not to exceed the sum 

11 of the amount authorized to be appropriated for this pur12 pose in section 2502 and the amount collected from the 

13 North Atlantic Treaty Organization as a result of con14 struction previously financed by the United States. 

15 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal years beginning after September 30, 2011, for con18 tributions by the Secretary of Defense under section 2806 

19 of title 10, United States Code, for the share of the United 

20 States of the cost of projects for the North Atlantic Treaty 

21 Organization Security Investment Program authorized by 

22 section 2501, in the amount of $272,611,000. 


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1 TITLE XXVI—GUARD AND 

2 RESERVE FORCES FACILITIES 

3 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON4 STRUCTION AND LAND ACQUISITION 

5 PROJECTS. 

6 (a) INSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2606(1), the Secretary of the Army may 

9 acquire real property and carry out military construction 

10 projects for the Army National Guard locations inside the 

11 United States, and in the amounts, set forth in the fol12 lowing table: 

Army National Guard: Inside the United States 

State Location Amount 

Alabama ................. Fort McClellan ............................................. $16,500,000 

Arizona ................... Papago Military Reservation ........................ $17,800,000 

Arkansas ................. Fort Chaffee ................................................. $3,500,000 

California ................ Camp Roberts .............................................. $38,160,000 

Camp San Luis Obispo ................................ $8,000,000 

Colorado ................. Alamosa ........................................................ $6,400,000 

Aurora .......................................................... $3,600,000 

Fort Carson .................................................. $43,000,000 

District of Columbia Anacostia ...................................................... $5,300,000 

Florida .................... Camp Blanding ............................................ $5,500,000 

Georgia ................... Atlanta ......................................................... $11,000,000 

Hinesville ...................................................... $17,500,000 

Macon ........................................................... $14,500,000 

Hawaii .................... Kalaeloa ........................................................ $33,000,000 

Illinois ..................... Normal ......................................................... $10,000,000 

Indiana ................... Camp Atterbury ........................................... $81,900,000 

Indianapolis .................................................. $25,700,000 

Maine ...................... Bangor ......................................................... $15,600,000 

Brunswick .................................................... $23,000,000 

Maryland ................ Dundalk ........................................................ $16,000,000 

La Plata ....................................................... $9,000,000 

Westminster ................................................. $10,400,000 

Massachusetts ........ Natick ........................................................... $9,000,000 

Minnesota ............... Camp Ripley ................................................. $8,400,000 

Mississippi .............. Camp Shelby ................................................ $64,600,000 

Nebraska ................ Grand Island ................................................ $22,000,000 

Mead ............................................................. $9,100,000 

Nevada .................... Las Vegas ..................................................... $23,000,000 

New Jersey ............. Lakehurst ..................................................... $49,000,000 

New Mexico ............ Santa Fe ...................................................... $5,200,000 

North Carolina ....... Greensboro ................................................... $3,700,000 


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Army National Guard: Inside the United States—Continued 

State Location Amount 

Oklahoma ............... Camp Gruber ............................................... $13,361,000 

Oregon .................... The Dalles .................................................... $13,800,000 

South Carolina ....... Allendale ....................................................... $4,300,000 

Utah ....................... Camp Williams ............................................. $6,500,000 

Virginia ................... Fort Pickett ................................................. $11,000,000 

West Virginia ......... Buckhannon ................................................. $10,000,000 

Wisconsin ............... Camp Williams ............................................. $7,000,000 

Wyoming ................. Cheyenne ...................................................... $8,900,000. 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2606(1), the Secretary of the Army may 

4 acquire real property and carry out military construction 

5 projects for the Army National Guard locations outside 

6 the United States, and in the amounts, set forth in the 

7 following table: 

Army National Guard: Outside the United States 

Country Location Amount 

Puerto Rico ..................... Fort Buchanan .................................... $57,000,000. 

8 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

9 AND LAND ACQUISITION PROJECTS. 

10 Using amounts appropriated pursuant to the author11 ization of appropriations in section 2606(2), the Secretary 

12 of the Army may acquire real property and carry out mili13 tary construction projects for the Army Reserve locations 

14 inside the United States, and in the amounts, set forth 

15 in the following table: 

Army Reserve 

State Location Amount 

California ........................ Fort Hunter Liggett ............................ $5,200,000 

Colorado .......................... Fort Collins ......................................... $13,600,000 


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Army Reserve—Continued 

State Location Amount 

Illinois ............................. Homewood ........................................... $16,000,000 

Rockford .............................................. $12,800,000 

Indiana ............................ Fort Benjamin Harrison ..................... $57,000,000 

Kansas ............................ Kansas City ......................................... $13,000,000 

Massachusetts ................. Attleboro .............................................. $22,000,000 

Minnesota ........................ Saint Joseph ........................................ $11,800,000 

Missouri .......................... Weldon Springs ................................... $19,000,000 

New York ........................ Schenectady ......................................... $20,000,000 

North Carolina ................ Greensboro ........................................... $19,000,000 

South Carolina ................ Orangeburg .......................................... $12,000,000 

Wisconsin ........................ Fort McCoy ......................................... $27,300,000. 

1 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

2 CORPS RESERVE CONSTRUCTION AND LAND 

3 ACQUISITION PROJECTS. 

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2606(3), the Secretary 

6 of the Navy may acquire real property and carry out mili7 tary construction projects for the Navy Reserve and Ma8 rine Corps Reserve locations inside the United States, and 

9 in the amounts, set forth in the following table: 

Navy Reserve and Marine Corps Reserve 

State Location Amount 

Pennsylvania ................... Pittsburgh ............................................ $13,759,000 

Tennessee ........................ Memphis .............................................. $7,949,000. 

10 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC11 TION AND LAND ACQUISITION PROJECTS. 

12 Using amounts appropriated pursuant to the author13 ization of appropriations in section 2606(4), the Secretary 

14 of the Air Force may acquire real property and carry out 

15 military construction projects for the Air National Guard 


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1 locations inside the United States, and in the amounts, 

2 set forth in the following table: 

Air National Guard 

State Location Amount 

California ........................ Beale Air Force Base .......................... $6,100,000 

Moffett Field ....................................... $26,000,000 

Hawaii ............................. Joint Base Pearl Harbor-Hickam ....... $39,521,000 

Indiana ............................ Fort Wayne International Airport ...... $4,000,000 

Maryland ......................... Martin State Airport ........................... $4,900,000 

Massachusetts ................. Otis Air National Guard Base ............ $7,800,000 

Ohio ................................ Springfield Beckley-Municipal Airport $6,700,000. 

3 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS. 

5 Using amounts appropriated pursuant to the author6 ization of appropriations in section 2606(5), the Secretary 

7 of the Air Force may acquire real property and carry out 

8 military construction projects for the Air Force Reserve 

9 locations inside the United States, and in the amounts, 

10 set forth in the following table: 

Air Force Reserve 

State Location Amount 

California ........................ March Air Force Base ......................... $16,393,000 

South Carolina ................ Charleston Air Force Base .................. $9,593,000. 

11 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA12 TIONAL GUARD AND RESERVE. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal years beginning after September 30, 2011, for the 

15 costs of acquisition, architectural and engineering services, 

16 and construction of facilities for the Guard and Reserve 

17 Forces, and for contributions therefor, under chapter 

18 1803 of title 10, United States Code (including the cost 


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1 of acquisition of land for those facilities), in the following 

2 amounts: 

3 (1) For the Department of the Army, for the 

4 Army National Guard of the United States, 

5 $773,592,000. 

6 (2) For the Department of the Army, for the 

7 Army Reserve, $280,549,000. 

8 (3) For the Department of the Navy, for the 

9 Navy and Marine Corps Reserve, $26,299,000. 

10 (4) For the Department of the Air Force, for 

11 the Air National Guard of the United States, 

12 $116,246,000. 

13 (5) For the Department of the Air Force, for 

14 the Air Force Reserve, $33,620,000. 

15 SEC. 2607. EXTENSION OF AUTHORIZATION OF CERTAIN 

16 FISCAL YEAR 2008 PROJECT. 

17 (a) EXTENSION.—Notwithstanding section 2002 of 

18 the Military Construction Authorization Act for Fiscal 

19 Year 2008 (division B of Public Law 110–181; 122 Stat. 

20 503), the authorization set forth in the table in subsection 

21 (b), as provided in section 2601 and 2604 of that Act (122 

22 Stat. 527–528), shall remain in effect until October 1, 

23 2012, or the date of the enactment of an Act authorizing 

24 funds for military construction for fiscal year 2013, which25 ever is later. 


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1 (b) TABLE.—The table referred to in subsection (a) 

2 is as follows: 

Army National Guard: Extension of 2008 Project Authorization 

State Installation or 

Location Project Amount 

Pennsylvania ...... Coatesville ........ Readiness Center ....................... $8,300,000. 

3 SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

4 FISCAL YEAR 2009 PROJECTS. 

5 (a) EXTENSION.—Notwithstanding section 2002 of 

6 the Military Construction Authorization Act for Fiscal 

7 Year 2009 (division B of Public Law 110–417; 122 Stat. 

8 4658), the authorization set forth in the tables in sub9 section (b), as provided in sections 2601, 2602, and 2603 

10 of that Act, shall remain in effect until October 1, 2012, 

11 or the date of the enactment of an Act authorizing funds 

12 for military construction for fiscal year 2013, whichever 

13 is later. 

14 (b) TABLES.—The tables referred to in subsection (a) 

15 are as follows: 

Army National Guard: Extension of 2009 Project Authorizations 

State Installation or 

Location Project Amount 

Indiana ............ Camp Atterbury .... Multipurpose Machine 

Gun Range.

$5,800,000

Nevada ............ Elko ....................... Readiness Center .............. $11,375,000. 

Army Reserve: Extension of 2009 Project Authorization 

State Installation or 

Location Project Amount 

New York ........ Staten Island ......... Army Reserve Center ....... $18,550,000. 


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Navy Reserve and Marine Corps Reserve: Extension of 2009 

Project Authorization 

State Installation or 

Location Project Amount 

Delaware ......... Wilmington ............ Armed Forces Reserve 

Center.

$11,530,000. 

1 TITLE XXVII—BASE REALIGN2 MENT AND CLOSURE ACTIVI3 TIES 

4 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 

5 BASE REALIGNMENT AND CLOSURE ACTIVI6 TIES FUNDED THROUGH DEPARTMENT OF 

7 DEFENSE BASE CLOSURE ACCOUNT 1990. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal years beginning after September 30, 2011, for base 

10 closure and realignment activities, including real property 

11 acquisition and military construction projects, as author12 ized by the Defense Base Closure and Realignment Act 

13 of 1990 (part A of title XXIX of Public Law 101–510; 

14 10 U.S.C. 2687 note) and funded through the Department 

15 of Defense Base Closure Account 1990 established by sec16 tion 2906 of such Act, in the total amount of 

17 $323,543,000, as follows: 

18 (1) For the Department of the Army, 

19 $70,716,000. 

20 (2) For the Department of the Navy, 

21 $129,351,000. 


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1 (3) For the Department of the Air Force, 

2 $123,476,000. 

3 SEC. 2702. AUTHORIZED BASE REALIGNMENT AND CLO4 SURE ACTIVITIES FUNDED THROUGH DE5 PARTMENT OF DEFENSE BASE CLOSURE AC6 COUNT 2005. 

7 Using amounts appropriated pursuant to the author8 ization of appropriations in section 2703, the Secretary 

9 of Defense may carry out base closure and realignment 

10 activities, including real property acquisition and military 

11 construction projects, as authorized by the Defense Base 

12 Closure and Realignment Act of 1990 (part A of title 

13 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and 

14 funded through the Department of Defense Base Closure 

15 Account 2005 established by section 2906A of such Act, 

16 in the amount of $258,776,000. 

17 SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR 

18 BASE REALIGNMENT AND CLOSURE ACTIVI19 TIES FUNDED THROUGH DEPARTMENT OF 

20 DEFENSE BASE CLOSURE ACCOUNT 2005. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal years beginning after September 30, 2011, for base 

23 closure and realignment activities, including real property 

24 acquisition and military construction projects, as author25 ized by the Defense Base Closure and Realignment Act 


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1 of 1990 (part A of title XXIX of Public Law 101–510; 

2 10 U.S.C. 2687 note) and funded through the Department 

3 of Defense Base Closure Account 2005 established by sec4 tion 2906A of such Act, in the total amount of 

5 $258,776,000, as follows: 

6 (1) For the Department of the Army, 

7 $229,190,000. 

8 (2) For the Department of the Navy, 

9 $25,829,000. 

10 (3) For the Department of the Air Force, 

11 $1,966,000. 

12 (4) For the Defense Agencies, $1,791,000. 

13 SEC. 2704. AUTHORITY TO EXTEND DEADLINE FOR COM14 PLETION OF LIMITED NUMBER OF BASE CLO15 SURE AND REALIGNMENT RECOMMENDA16 TIONS. 

17 Section 2904 of the Defense Base Closure and Re18 alignment Act of 1990 (part A of title XXIX of Public 

19 Law 101–510; 10 U.S.C. 2687 note) is amended— 

20 (1) in subsection (a)(5), by striking ‘‘complete’’ 

21 and inserting ‘‘except in the case of a closure or re22 alignment recommendation extended pursuant to 

23 subsection (c), complete’’; and 

24 (2) by adding at the end the following new sub25 section: 


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1 ‘‘(c) LIMITED AUTHORITY TO EXTEND IMPLEMEN2 TATION PERIOD.—(1) In the case of the recommendations 

3 of the Commission contained in the report of the Commis4 sion transmitted by the President to Congress in accord5 ance with section 2914(e) on September 15, 2005, the 

6 Secretary may extend the period for completing not more 

7 than 10 of the closure or realignment recommendations 

8 until the later of the following: 

9 ‘‘(A) September 15, 2012. 

10 ‘‘(B) The date of the enactment of an Act au11 thorizing funds for military construction for fiscal 

12 year 2013. 

13 ‘‘(2) To extend a closure or realignment recommenda14 tion under this subsection, the Secretary shall submit to 

15 the congressional defense committees a report containing 

16 the following: 

17 ‘‘(A) A justification of the need for the exten18 sion of the closure or realignment recommendation. 

19 ‘‘(B) A certification that the extension is nec20 essary to ensure the operational readiness of units or 

21 functions being relocated as part of the implementa22 tion of the recommendation. 

23 ‘‘(C) An explanation of the impact of the exten24 sion on communities in the vicinity of the affected 

25 installations. 


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1 ‘‘(D) An explanation of the impacts of not pro2 viding the extension on operational readiness. 

3 ‘‘(E) An estimation of the costs to the Govern4 ment associated with the extension. 

5 ‘‘(F) A schedule for completing the closure or 

6 realignment recommendation in light of the exten7 sion. 

8 ‘‘(3) The extension of a closure or realignment rec9 ommendation under this subsection shall take effect only 

10 after— 

11 ‘‘(A) the end of the 21-day period beginning on 

12 the date on which the report required by paragraph 

13 (2) with respect to that recommendation is received 

14 by the congressional defense committees; or 

15 ‘‘(B) if earlier, the end of the 14-day period be16 ginning on the date on which a copy of the report 

17 is provided in an electronic medium pursuant to sec18 tion 480 of title 10, United States Code. 

19 ‘‘(4) The authority of the Secretary under paragraph 

20 (1) may be exercised only by the Secretary or Deputy Sec21 retary of Defense.’’. 


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1 TITLE XXVIII—MILITARY CON2 STRUCTION GENERAL PROVI3 SIONS 

4 SEC. 2801. CLARIFICATION OF AUTHORITY TO USE THE 

5 PENTAGON RESERVATION MAINTENANCE RE6 VOLVING FUND FOR MINOR CONSTRUCTION 

7 AND ALTERATION ACTIVITIES AT THE PEN8 TAGON RESERVATION. 

9 Section 2674(e)(4) of title 10, United States Code, 

10 is amended— 

11 (1) by striking ‘‘The authority’’ and inserting 

12 ‘‘(A) Except as provided in subparagraph (B), the 

13 authority’’; and 

14 (2) by adding at the end the following new sub15 paragraph: 

16 ‘‘(B) The Secretary may use monies from 

17 the Fund to support construction or alteration 

18 activities at the Pentagon Reservation within 

19 the limits stated in section 2805 of this title.’’. 

20 SEC. 2802. INCREASE IN DOLLAR THRESHOLD FOR CER21 TAIN AUTHORITIES RELATING TO UNSPEC22 IFIED MINOR CONSTRUCTION PROJECTS. 

23 Section 2805(a)(2) of title 10, United States Code, 

24 is amended by striking ‘‘$3,000,000’’ in the second sen25 tence and inserting ‘‘$4,000,000’’. 


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1 SEC. 2803. ENHANCED AUTHORITY FOR USE OF OPERATION 

2 AND MAINTENANCE FUNDS FOR UNSPEC3 IFIED MINOR MILITARY CONSTRUCTION 

4 PROJECTS IN SUPPORT OF OPERATION EN5 DURING FREEDOM. 

6 (a) INCREASED COST THRESHOLD.—Notwith7 standing the cost limitations of section 2805 of title 10, 

8 United States Code, the Secretary concerned may use 

9 funds available for overseas contingency operations for op10 eration and maintenance to carry out unspecified minor 

11 military construction projects in direct support of Oper12 ation Enduring Freedom costing not more than 

13 $3,000,000. 

14 (b) SECRETARY CONCERNED.—For purposes of this 

15 section, the term ‘‘Secretary concerned’’ has the meaning 

16 applicable to such term under section 2805 of title 10, 

17 United States Code. 

18 (c) APPROVAL AND CONGRESSIONAL NOTIFICA19 TION.—The Secretary concerned shall meet the reporting 

20 requirements pursuant to subsection (b) of section 2805 

21 of title 10, United States Code. 

22 (d) EXPIRATION OF AUTHORITY.—The authority 

23 provided in subsection (a) shall expire on September 30, 

24 2012. 


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1 SEC. 2804. EXTENSION OF TEMPORARY, LIMITED AUTHOR2 ITY TO USE OPERATION AND MAINTENANCE 

3 FUNDS FOR CONSTRUCTION PROJECTS OUT4 SIDE THE UNITED STATES. 

5 (a) ONE-YEAR EXTENSION OF AUTHORITY.—Section 

6 2808 of the Military Construction Authorization Act for 

7 Fiscal Year 2004 (division B of Public Law 108–136; 117 

8 Stat. 1723), as most recently amended by section 2804 

9 of the Military Construction Authorization Act for Fiscal 

10 Year 2011 (division B of Public Law 111–383; 124 Stat. 

11 4459), is amended— 

12 (1) in subsection (c)(2), by striking ‘‘fiscal year 

13 2011’’ and inserting ‘‘fiscal year 2012’’; and 

14 (2) in subsection (h)— 

15 (A) in paragraph (1), by striking ‘‘Sep16 tember 30, 2011’’ and inserting ‘‘September 30, 

17 2012’’; and 

18 (B) in paragraph (2), by striking ‘‘fiscal 

19 year 2012’’ and inserting ‘‘fiscal year 2013’’. 

20 (b) MODIFICATION OF QUARTERLY REPORTING RE21 QUIREMENT.—Subsection (g) of such section is amended 

22 (1) by striking ‘‘QUARTERLY REPORTS OR’’ in 

23 the subsection heading; 

24 (2) by striking ‘‘the report for a fiscal-year 

25 quarter under subsection (d) or’’; and 

26 (3) by striking ‘‘report or’’. 


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1 (c) TECHNICAL AMENDMENT.—Subsections (a) and 

2 (i) of such section are amended by striking ‘‘Combined 

3 Task Force-Horn of Africa’’ each place it appears and in4 serting ‘‘Combined Joint Task Force-Horn of Africa’’. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS